Most of us do not think about a power of attorney until we need one. Maybe your father had a stroke and the bank will not speak with you about his accounts. Maybe your wife is in the hospital and a bill needs to be paid from an account only in her name. Or maybe you are simply watching your parents get older in Clearwater and wondering who would step in if something happened.
At Silvers Law, P.A., we hear these stories often, and we know how stressful they can be. The good news is that one document can prevent most of that stress. It is called a durable power of attorney, and in this guide we explain what it is, how it works under Florida law, and how we can help you put one in place the right way.
What Is a Durable Power of Attorney?
A power of attorney is a legal document that lets you, the principal, give another person, called your agent, the authority to act on your behalf. Your agent may also be called your attorney in fact, even though they do not need to be a lawyer.
The word durable is what makes this document so important. A regular power of attorney ends if you become incapacitated. A durable power of attorney stays in effect even if you can no longer make decisions for yourself because of illness, injury, or memory loss. That is exactly when your family needs it most.
In Florida, powers of attorney are governed by the Florida Power of Attorney Act, found in Chapter 709 of the Florida Statutes. This law sets out specific rules about how the document must be written, signed, and used.
Why Every Florida Adult Should Have One
Many people assume a spouse or adult child can automatically handle their finances in an emergency. In Florida, that is usually not true. Banks, investment firms, and government agencies generally will not let a family member act unless that person has legal authority.
Without a durable power of attorney, your family may have to ask the court to appoint a guardian under Chapter 744, Florida Statutes. Guardianship in Pinellas County involves court filings, examinations, ongoing reports, and legal fees. It can take weeks or longer, all while bills go unpaid and your family worries.
Here are situations we see families face every day:
- An adult child needs to pay a parent’s assisted living bill but cannot access the parent’s account.
- A spouse needs to sell or refinance a home that is titled in both names while the other spouse is incapacitated.
- A family member needs to file taxes, speak with Social Security, or manage retirement accounts.
- A loved one needs Medicaid planning for long term care, and no one has authority to move or restructure assets.
- A snowbird has an accident while in Florida, and the family back home cannot manage anything here.
We have helped many families through guardianship when no power of attorney existed. We have also seen how much easier life is for families who planned ahead. A durable power of attorney is one of the simplest and most caring things you can do for the people you love.
What Powers Can a Durable Power of Attorney Include?
A durable power of attorney can be broad or limited. Many of our clients choose a comprehensive document so their agent can handle whatever comes up. Common powers include:
- Managing bank and investment accounts
- Paying bills, taxes, and household expenses
- Buying, selling, leasing, or refinancing real estate
- Dealing with insurance, Social Security, and retirement benefits
- Handling business interests
- Hiring professionals, such as accountants or care managers
- Pursuing or settling legal claims
Special Powers That Require Extra Steps
Florida law treats some powers as especially significant. Under Section 709.2202, Florida Statutes, certain authority must be separately initialed or signed by you next to each power. These include the power to:
- Create, change, or revoke a trust
- Fund a trust you created
- Make gifts
- Create or change rights of survivorship
- Create or change beneficiary designations
- Waive the right to be a beneficiary of a joint and survivor annuity
- Disclaim property
These powers can be critical for Medicaid planning, funding a living trust, or protecting a spouse. They can also be misused if given to the wrong person. That is why we take time to talk through each one with you before you sign.
Florida Signing Requirements
Florida has strict execution rules. Under Section 709.2105, a power of attorney must be signed by you in front of two witnesses and acknowledged before a notary. If any of these steps is missed, banks and title companies may refuse to accept the document.
To be durable, the document must also include specific language stating that it is not terminated by your later incapacity. A form that leaves this out may fail at the very moment your family needs it.
Florida Does Not Allow Springing Powers of Attorney
Some states allow a springing power of attorney, which only becomes effective after a doctor confirms you are incapacitated. Florida generally does not allow new springing powers of attorney. Under Section 709.2108, a Florida power of attorney signed on or after October 1, 2011 is effective when it is signed, with limited exceptions for certain military deployments.
This surprises many people. It also means choosing the right agent matters even more, because your agent has authority from day one. Many of our clients sign the document and keep the original in a safe place until it is needed.
Choosing the Right Agent
Your agent should be someone you trust completely, who is organized, and who will act in your best interest. Florida law, including Section 709.2114, requires your agent to act in good faith, within the scope of the authority you granted, and generally to keep records of transactions.
We also recommend naming at least one successor agent in case your first choice cannot serve. If you name your spouse, keep in mind that Florida law ends a spouse’s authority as agent when a divorce or annulment action is filed.
What a Durable Power of Attorney Does Not Do
A durable power of attorney is powerful, but it has limits.
It does not cover medical decisions. In Florida, health care choices are handled through a designation of health care surrogate and a living will under Chapter 765. We prepare these documents together so your plan is complete.
It ends at your death. Once you pass away, your agent’s authority stops. At that point, your will, trust, or the probate process takes over.
It does not replace a will or trust. Your power of attorney helps during your lifetime. A will or trust controls what happens after.
Will Banks Accept My Power of Attorney?
This is one of the most frustrating issues families face. Florida law gives financial institutions a limited time to accept or reject a power of attorney, and it allows them to request certain information from the agent. Even so, we see banks push back on documents that are outdated, poorly drafted, or created with online forms.
A well written Florida durable power of attorney, prepared by attorneys who focus on this work, is far more likely to be accepted without delay. When problems do come up, we help our clients work through them.
What If My Power of Attorney Was Signed in Another State?
Florida generally honors a power of attorney that was validly signed under the laws of another state. However, banks and title companies here may still hesitate, especially with real estate. If you have moved to Florida or spend part of the year in Pinellas County, we often recommend signing a new Florida power of attorney so your family is not left explaining another state’s law at a difficult moment.
Can I Change or Revoke My Power of Attorney?
Yes. As long as you have capacity, you can revoke or replace your durable power of attorney at any time. We recommend reviewing it every few years and after major life events, such as a marriage, divorce, move, or the death of a named agent. When you revoke a document, it is important to notify your former agent and any institutions that have a copy.
Why Work With Silvers Law, P.A.?
A durable power of attorney may look like a simple form, but small mistakes can have big consequences. A missing witness, a missing initial next to a special power, or unclear language about real estate can leave your family without the help they expected.
At Silvers Law, P.A., estate planning, probate, trust administration, and guardianship are all we do. Just as you would want a cardiologist for a heart condition rather than a general practitioner, you deserve an attorney who has devoted their career to this area of law.
We can help you:
- Prepare a Florida durable power of attorney tailored to your family and goals
- Decide which special powers make sense for your situation
- Coordinate your power of attorney with your will, trust, and health care documents
- Update an older or out of state document to meet Florida requirements
- Plan for long term care and Medicaid concerns
- Guide your family through guardianship if no power of attorney exists
Most importantly, you will never feel like just another file. We listen, we explain your options in plain language, and we make sure you leave with a plan that gives you and your loved ones real peace of mind.
Take the Next Step With Silvers Law, P.A.
None of us can predict when an illness or accident might happen. What we can do is make sure the people we love have the authority to help us when it counts. If you are ready to create or update your durable power of attorney, contact Silvers Law, P.A. in Clearwater today to schedule a consultation. We are here to help you and your family plan with confidence.
This article is for general educational purposes and is not legal advice. Reading it does not create an attorney client relationship. Please contact Silvers Law, P.A. to discuss your specific situation.
