Estate Planning

Durable Power
of Attorney in Florida

Without a Power of Attorney, even your spouse may be legally blocked from managing your finances if you are incapacitated. This is one document every adult needs in place before they need it.

Florida Bar Member Estate Planning Attorney Serving All of Florida Free Discovery Call

The Basics

What Is a Durable Power of Attorney?

A Power of Attorney (POA) is a legal document that authorizes another person , your "agent" , to manage your financial and legal affairs on your behalf. The "durable" designation means it remains valid even if you become mentally incapacitated.

Without a durable POA, even your spouse may be legally blocked from accessing accounts in your name alone, handling your business, or making financial decisions on your behalf. The only alternative is a court-ordered guardianship , an expensive, public, and time-consuming process.

A well-drafted POA names the right person, defines the scope of their authority, and gives your family the power to act immediately when they need to most.

Schedule a Discovery Call

Watch: Why Every Adult Needs a Power of Attorney

What Your Agent Can Do

Six Powers Your Agent Can Hold

Manage Bank Accounts

Your agent can pay bills, move funds, and manage day-to-day financial transactions on your behalf while you are unable to do so.

Handle Real Estate

Your agent can sign closing documents, manage rental property, refinance a mortgage, or sell your home if circumstances require it.

File Taxes

Your agent can prepare, sign, and file federal and state tax returns , and respond to the IRS on your behalf if needed.

Manage Investments

Your agent can oversee brokerage accounts, make investment decisions, and manage retirement accounts according to your wishes.

Avoid Guardianship Court

Without a POA, your family must petition a court to be named your legal guardian , a costly, public, and emotionally draining process that a simple document prevents.

Run a Business

Your agent can manage business operations, sign contracts, and protect your business interests if you become temporarily or permanently incapacitated.

Natalia Ouellette-Grice, Estate Planning Attorney

Why LCO Law

A POA That Works When Your Family Needs It

A template POA downloaded online may look valid but fail to meet Florida's specific execution requirements or lack the authorities your family will actually need. We make sure your document is properly drafted, witnessed, notarized, and ready to be accepted by any bank or institution.

  • We discuss your family situation to determine the right scope of authority
  • Your POA is prepared under Florida's 2011 Power of Attorney Act requirements
  • We help you choose and brief your agent on their responsibilities
  • Your document includes all standard "hot powers" required by Florida law
  • We coordinate your POA with your overall estate plan for seamless protection

Common Questions

Power of Attorney FAQ

A durable POA remains effective even if you become incapacitated , that is the kind most estate plans need. A non-durable POA terminates if you lose capacity, making it useful only for specific limited transactions (like a real estate closing) while you are fully competent. For incapacity planning, always use a durable POA.
Yes. You can grant broad general authority or limit your agent to specific tasks , such as managing one bank account or handling a single real estate transaction. Most estate planning POAs are broad so your agent can act across all financial matters, but the scope is entirely up to you.
Under Florida law, a POA is effective immediately upon signing unless you specify otherwise. Florida eliminated "springing" POAs (ones that only activate upon incapacity) in 2011. This means your agent technically has authority right away , which is why choosing someone you completely trust is essential.
Yes, as long as you are mentally competent you can revoke a POA at any time by signing a written revocation. You should also notify your agent and any institutions (banks, financial advisors) that relied on the original document. If you create a new POA, the most recent one controls.
No. A POA automatically terminates at death. After death, your executor (named in your will) or your successor trustee (named in your living trust) takes over. A POA only covers financial decisions made during your lifetime.

Ready to Get Started?

Schedule Your Free Discovery Call

Talk with our team about your situation and we will help you understand exactly what documents you need to protect yourself and your family.

, ' text-white"' > Durable Power
of Attorney in Florida

Without a Power of Attorney, even your spouse may be legally blocked from managing your finances if you are incapacitated. This is one document every adult needs in place before they need it.

Schedule a Free Discovery Call Learn More
Florida Bar Member Estate Planning Attorney Serving All of Florida Free Discovery Call

The Basics

What Is a Durable Power of Attorney?

A Power of Attorney (POA) is a legal document that authorizes another person , your "agent" , to manage your financial and legal affairs on your behalf. The "durable" designation means it remains valid even if you become mentally incapacitated.

Without a durable POA, even your spouse may be legally blocked from accessing accounts in your name alone, handling your business, or making financial decisions on your behalf. The only alternative is a court-ordered guardianship , an expensive, public, and time-consuming process.

A well-drafted POA names the right person, defines the scope of their authority, and gives your family the power to act immediately when they need to most.

Schedule a Discovery Call

Watch: Why Every Adult Needs a Power of Attorney

What Your Agent Can Do

Six Powers Your Agent Can Hold

Manage Bank Accounts

Your agent can pay bills, move funds, and manage day-to-day financial transactions on your behalf while you are unable to do so.

Handle Real Estate

Your agent can sign closing documents, manage rental property, refinance a mortgage, or sell your home if circumstances require it.

File Taxes

Your agent can prepare, sign, and file federal and state tax returns , and respond to the IRS on your behalf if needed.

Manage Investments

Your agent can oversee brokerage accounts, make investment decisions, and manage retirement accounts according to your wishes.

Avoid Guardianship Court

Without a POA, your family must petition a court to be named your legal guardian , a costly, public, and emotionally draining process that a simple document prevents.

Run a Business

Your agent can manage business operations, sign contracts, and protect your business interests if you become temporarily or permanently incapacitated.

Natalia Ouellette-Grice, Estate Planning Attorney

Why LCO Law

A POA That Works When Your Family Needs It

A template POA downloaded online may look valid but fail to meet Florida's specific execution requirements or lack the authorities your family will actually need. We make sure your document is properly drafted, witnessed, notarized, and ready to be accepted by any bank or institution.

  • We discuss your family situation to determine the right scope of authority
  • Your POA is prepared under Florida's 2011 Power of Attorney Act requirements
  • We help you choose and brief your agent on their responsibilities
  • Your document includes all standard "hot powers" required by Florida law
  • We coordinate your POA with your overall estate plan for seamless protection

Common Questions

Power of Attorney FAQ

A durable POA remains effective even if you become incapacitated , that is the kind most estate plans need. A non-durable POA terminates if you lose capacity, making it useful only for specific limited transactions (like a real estate closing) while you are fully competent. For incapacity planning, always use a durable POA.
Yes. You can grant broad general authority or limit your agent to specific tasks , such as managing one bank account or handling a single real estate transaction. Most estate planning POAs are broad so your agent can act across all financial matters, but the scope is entirely up to you.
Under Florida law, a POA is effective immediately upon signing unless you specify otherwise. Florida eliminated "springing" POAs (ones that only activate upon incapacity) in 2011. This means your agent technically has authority right away , which is why choosing someone you completely trust is essential.
Yes, as long as you are mentally competent you can revoke a POA at any time by signing a written revocation. You should also notify your agent and any institutions (banks, financial advisors) that relied on the original document. If you create a new POA, the most recent one controls.
No. A POA automatically terminates at death. After death, your executor (named in your will) or your successor trustee (named in your living trust) takes over. A POA only covers financial decisions made during your lifetime.

Ready to Get Started?

Schedule Your Free Discovery Call

Talk with our team about your situation and we will help you understand exactly what documents you need to protect yourself and your family.

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