Glossary · Incapacity Documents
Durable Power of Attorney
A document letting someone you choose manage your finances, including if you become incapacitated.
A durable power of attorney lets you name an agent to handle financial and legal matters on your behalf. Durable means it stays in effect if you later become incapacitated, which is exactly when families need it most.
Without one, no one can automatically pay your bills, manage accounts, or sell property if you cannot act for yourself. The alternative is a court guardianship, which is slow, public, and expensive.
Because the agent’s powers can be broad, the document should be drafted carefully and given only to someone you fully trust.
In Florida
Florida’s power of attorney law is strict. A Florida durable power of attorney is effective when signed, because Florida does not allow the springing type that activates only on a later finding of incapacity, and certain powers must be separately initialed by the principal to be granted. An out-of-date or out-of-state form is often rejected by Florida banks.
Common questions
Does a power of attorney work after death?
No. It ends the moment the principal dies. After death, authority passes to the personal representative through probate or to a successor trustee.
Are springing powers of attorney valid in Florida?
No. Florida requires a durable power of attorney to be effective when signed, not on a later finding of incapacity.
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Paul Kogan
Fort Lauderdale Litigation Attorney, The Kogan Firm, P.A.
- 17+ years
- Florida Bar
- Martindale Peer Rated
Estate Planning and Probate
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This page is general information about Durable Power of Attorney under Florida law and does not constitute legal advice. Every family and estate is different.