Power of Attorney in Florida
What a Florida power of attorney needs to be valid — signing, witnesses, notary — and the official forms, plus health care directives.
Short answer: Florida has no fill-in statutory form. A financial power of attorney must be signed by the principal and two subscribing witnesses, and acknowledged by the principal before a notary public. Fla. Stat. §§ 709.2104, 709.2105
| Financial power of attorney | Florida has no fill-in statutory form. A financial power of attorney must be signed by the principal and two subscribing witnesses, and acknowledged by the principal before a notary public. It is durable (survives incapacity) only if it contains the statutory durability wording or similar words showing that intent. The agent must be an adult (18+) or a qualified financial institution with trust powers. Source: Fla. Stat. §§ 709.2104, 709.2105 |
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| Health care directive | Health care surrogate designation: in writing, signed by the principal in the presence of two adult witnesses; the surrogate cannot be a witness, and at least one witness must not be the principal's spouse or blood relative. Living will: signed in the presence of two witnesses, one of whom is not the spouse or a blood relative. The statute provides suggested (optional) forms for both. |
| Official power of attorney forms | Florida does not provide a fill-in statutory financial power of attorney form. A power of attorney must be signed by the principal and by two subscribing witnesses and acknowledged by the principal before a notary public (or as otherwise allowed by s. 695.03); if the principal cannot sign, the notary may sign the principal's name (Fla. Stat. 709.2105). For health care, Fla. Stat. 765.203 gives a suggested form titled "Designation of Health Care Surrogate." Health care surrogate form: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0765/Sections/0765.203.html Source: Fla. Stat. 709.2105; 765.203 |
Official forms
- Suggested health care surrogate and living will forms (Fla. Stat. §§ 765.203, 765.303)
- Suggested living will and health care surrogate forms (text in statute, Chapter 765)
More Florida estate law
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- Living Wills and Advance Directives in Florida
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FAQ
What are the requirements for a power of attorney in Florida?
Florida has no fill-in statutory form. A financial power of attorney must be signed by the principal and two subscribing witnesses, and acknowledged by the principal before a notary public. It is durable (survives incapacity) only if it contains the statutory durability wording or similar words showing that intent. The agent must be an adult (18+) or a qualified financial institution with trust powers.
What are the requirements for a health care directive in Florida?
Health care surrogate designation: in writing, signed by the principal in the presence of two adult witnesses; the surrogate cannot be a witness, and at least one witness must not be the principal's spouse or blood relative. Living will: signed in the presence of two witnesses, one of whom is not the spouse or a blood relative. The statute provides suggested (optional) forms for both.
Where can I get a power of attorney form in Florida?
Florida does not provide a fill-in statutory financial power of attorney form. A power of attorney must be signed by the principal and by two subscribing witnesses and acknowledged by the principal before a notary public (or as otherwise allowed by s. 695.03); if the principal cannot sign, the notary may sign the principal's name (Fla. Stat. 709.2105). For health care, Fla. Stat. 765.203 gives a suggested form titled "Designation of Health Care Surrogate."
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.