Free Florida Durable Power of Attorney Form

When a person faces an accident and suddenly becomes disabled, he or she still has finances to manage. In the US, this case requires having a special document that is called a “Durable Power of Attorney” (or DPA form). With this document, a person assigns someone (an agent or a trusted attorney) who will have the power in finances’ management when they are unable or unavailable to do so. “Durable” means that if you sign this form, it will last until you either die or call it off.

DPA has nothing to do with your health or physical condition. It only allows someone to be responsible for your money and property if you cannot manage them anymore due to your physical state. In the document, you will find various options of what your agent or attorney will or will not be able to do.

The rules for completing the durable power of attorney form are different and vary from state to state. Some states require calling a notary to verify the form and a witness additionally. Others, by law, require only the notarization. It is important that the individuals that sign the form are all in good conscience.

Florida power of attorney templates – look at other powers of attorney common in Florida.

Florida Signing Requires and Laws

As stated in section 695.03 of the Florida state law, signing a form should be accompanied by a notary and two witnesses. According to § 709.2105(2), a person to whom you transfer your powers is to be over eighteen years old or under this age but having the rights of an adult. The agent may also be an organization but with the right to lead such procedures.

If the paper was signed before October 2011, then the attorney-in-fact can’t act for you until a certain date or till the event stated in the paper occurs. In the other case, the agent can act immediately after an accident that happened to you.

You can rewrite DPA at any time you want, but it’s important to notify your immediate surroundings about your new decision. After creating a new DPA or your death, the agent loses his power to make decisions for you.

While creating a DPA form in Florida, you will see a section with a list of actions and properties that your agent or attorney will be able to do. You may opt for several or all of them. This list includes various points:

  • Taxes
  • Stocks and bonds
  • Real property
  • Banks and financial institutions

And other powers that your chosen agent can be responsible for. So, before signing the form, please ensure that you have analyzed all of the points and have chosen the most relevant for you.

To create a form in Florida, do not forget to print out three copies of the document as recommended, choose a person that you can trust all your properties, and call a notary. The form is simple and contains only three pages.

Steps to Complete the Form

If you have questions and are afraid of making mistakes in the Florida DPA form, you may use our guide with the instructions for completing the form step by step.

  • Download the Template

To start, you have to download the template of the DPA form. You may use our form building software to simplify the process. In the first line, you should insert the name of the country where the procedure takes place.

  • Insert information about yourself and the agent

The next section is devoted to the principle and the seller. The first one is to put one’s own full name and the country’s name, where one is registered. Then the agent is to specify the same information about oneself.
Part for information about principal and agent of a durable power of attorney for Florida

  •  Choose the Responsibilities of Your Agent

This section reveals what your agent or attorney will be responsible for: from dealing with banks and other financial institutions to paying taxes. The list consists of the following points:

  • Real property
  • Banks and other financial institutions
  • Insurance and annuities
  • Tangible personal property
  • Stocks and bonds
  • Commodities and options
  • Operation of entity or business
  • Claims and litigation
  • Taxes
  • Personal and family maintenance
  • Estates, trusts, other beneficial interests
  • Retirement plans
  • Benefits from governmental programs, civil or military service

If you don’t agree with some points, you should cross them out (the figure in the initial position).
Agent responsibilities choosing section of Florida dpoa form

  •  Sign the Form

As a principal, you will need to insert your name and signature. Do not forget to put a date of signing and your name in printed letters in this section. The same information but about oneself should be put by the agent. If you can’t sign the DPA due to physical inability, you can acknowledge it in front of the notary, and one will sign instead of you, as it is stated in section  117.05(14) of Florida state law.
Signing part of a Florida durable poa template

  •  Ask a Notary to Sign

Finally, a notary should verify and seal (if applicable) the DPA form, as stated by Florida’s law. Only the notary, who was present during the procedure, can put the necessary information in this section. One must specify the country, where the procedure took place, the date of filling out DPA, the signature, and the date when one’s commission will expire.
Notary signing section of Florida durable power of attorney document

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Published: Nov 19, 2020