Free Florida Power of Attorney Form PDF: General

What the Free Florida General Power of Attorney Form PDF Covers

The form is titled Florida Financial Power of Attorney. It lets your agent act for you in any lawful way on the subjects you initial. It has six pages and 49 fillable fields. The notice at the top of page 1 says the form does not authorize anyone to make medical or other health-care decisions for you, and that you may revoke it later.

The form lists these powers, each on its own line to initial:

• (A) Real property transactions
• (B) Tangible personal property transactions
• (C) Stock and bond transactions
• (D) Commodity and option transactions
• (E) Banking and other financial institution transactions
• (F) Business operating transactions
• (G) Insurance and annuity transactions
• (H) Estate, trust, and other beneficiary transactions
• (I) Claims and litigation
• (J) Personal and family maintenance
• (K) Benefits from social security, medicare, medicaid, or other governmental programs, or civil or military service
• (L) Retirement plan transactions
• (M) Tax matters
• (N) All of the powers listed above

To grant every power, initial only line (N). To grant some powers, initial the line in front of each one. To withhold a power, leave its line blank.

Pages 2 and 3 also print three special instructions. They cover medical claims and reimbursements, retirement and savings accounts, and digital assets such as email and social-network accounts. They are pre-printed, so there is nothing to fill in there.

Page 4 adds a few pre-printed paragraphs. If you name more than one agent, the form says decisions are made by a majority of the agents. It also says any third party who receives a copy may act under it, and that all prior general powers of attorney you executed are revoked.

The person who gives the powers is the principal. The person who receives them is the agent, also called the attorney-in-fact. You may also name a successor agent who steps in if your first agent is unable or unwilling to serve. Page 4 of the form has a paragraph for that.

The form does not authorize health-care decisions. For those, use a Florida medical power of attorney. To compare other forms, see all Florida power of attorney forms or our power of attorney guide.

Florida General Power of Attorney Form Details

The table below summarizes the key details of this Florida general power of attorney form.

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Florida Signing and Witness Requirements for a Power of Attorney

Under Section 709.2105 of the Fla. Stat., a Florida power of attorney must be signed by the principal and by two subscribing witnesses. The principal must also acknowledge it before a notary public.^[1] The statute puts it this way:

A power of attorney must be signed by the principal and by two subscribing witnesses and be acknowledged by the principal before a notary public or as otherwise provided in s. 695.03

In plain words, three things have to happen for the document to meet this rule:

• The principal signs it.
• Two subscribing witnesses sign it.
• The principal acknowledges it before a notary public.

The form on this page has an acknowledgment for the notary on page 5 and a signing block for two witnesses on page 6. Sign in front of all of them, as the steps below explain.

The same section says who can be the agent. The agent must be one of these:

• A natural person who is 18 years of age or older.
• A financial institution that has trust powers, has a place of business in Florida, and is authorized to conduct trust business in Florida.

If the principal is physically unable to sign the power of attorney, the notary public before whom the principal's oath or acknowledgment is made may sign the principal's name on the power of attorney under s. 117.05.^[1]

How a Florida Power of Attorney Ends

A Florida power of attorney ends when the principal dies, when the principal revokes it, or when its purpose is accomplished. It also ends under its own terms, and it ends if a court adjudicates the principal incapacitated, with some exceptions. The list below comes from Section 709.2109 of the Fla. Stat.^[2]

A power of attorney terminates when:

• The principal dies.
• The principal becomes incapacitated, if the power of attorney is not durable.
• The principal is adjudicated totally or partially incapacitated by a court, unless the court determines that certain authority granted by the power of attorney is to be exercisable by the agent.
• The principal revokes the power of attorney.
• The power of attorney provides that it terminates.
• The purpose of the power of attorney is accomplished.
• The agent's authority terminates and the power of attorney does not provide for another agent to act under the power of attorney.

The agent's own authority can end too. It terminates when the agent dies, becomes incapacitated, resigns, or is removed by a court. It also terminates when an action is filed for the dissolution or annulment of the agent's marriage to the principal or for their legal separation, unless the power of attorney provides otherwise.^[2]

Page 3 of the form lets you pick an ending. You initial one line: it ends when you sign a written revocation, on a date you write in, or when you are determined to be incapacitated, as the form defines that word. The form has no line about death, so that ending comes from the law.

A power of attorney that is not durable ends if the principal becomes incapacitated. If you need a durable power of attorney instead, see our Florida durable power of attorney form. A durable power of attorney is a separate document, so decide which one fits your plans before you sign.

Revoking a Florida Power of Attorney and Acting in Good Faith

A principal can revoke a Florida power of attorney, but a revocation does not reach everyone at once. Termination or suspension of an agent's authority or of a power of attorney is not effective as to an agent who, without knowledge of the termination or suspension, acts in good faith under the power of attorney.^[2]

An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.^[2]

In practice, this is why people tell their bank and other organizations when they end a power of attorney. See our guide to revoking a power of attorney for the steps.

What Happens If Someone Questions the Principal's Capacity

If someone starts court proceedings about the principal's capacity, the authority granted under the power of attorney can be suspended. The rules differ for family members and for health-care decisions, as the list below shows.^[2]

• If any person initiates judicial proceedings to determine the principal's incapacity or for the appointment of a guardian advocate, the authority granted under the power of attorney is suspended. It stays suspended until the petition is dismissed or withdrawn or the court enters an order authorizing the agent to exercise one or more powers granted under the power of attorney. This applies to an agent other than the principal's parent, spouse, child, or grandchild.
• If the agent named in the power of attorney is the principal's parent, spouse, child, or grandchild, the authority is not suspended unless a verified motion is also filed.
• If an emergency arises after the proceedings begin and before the court rules on the principal's capacity, the agent may petition the court in which the proceeding is pending for authorization to exercise a power granted under the power of attorney.
• The petition must set forth the nature of the emergency, the property or matter involved, and the power to be exercised by the agent.
• Unless otherwise ordered by the court, a proceeding to determine incapacity does not affect the authority of the agent to make health care decisions for the principal, including those provided in chapter 765.

One more rule applies if the principal has signed a health care advance directive naming a health care surrogate. If the directive and the power of attorney conflict, the terms of the directive control, unless the power of attorney is later executed and expressly states otherwise.^[2]

How to Fill Out the Florida General Power of Attorney Form

Fill in the form from top to bottom. It has six pages, and the steps below follow its order: your names, the powers, the dates, a successor, your signature, the notary's acknowledgment and the witness block. Type your answers on the FormsPal website, or download the PDF and complete it in the PDF editor.

The screenshots under each step show the FormsPal Florida general power of attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

1. Name the principal and the agent
   On page 1, read the notice at the top. Then enter your full name and address on the opening lines, and your agent's name and address on the lines where the form appoints the agent.

   

2. Initial the powers (A) through (K)
   On page 2, write your initials on the line in front of each power you are granting, from (A) real property transactions through (K) benefits from governmental programs. Leave a line blank to withhold that power.

   

3. Initial (L), (M) or (N)
   Initial (L) retirement plan transactions and (M) tax matters if you are granting them. To grant every power, initial only line (N), all of the powers listed above. The three special instructions below the list are pre-printed.

   

4. Choose the effective date
   On page 3, initial one line under EFFECTIVE DATE. The first line is for an immediate start. The second line is for a date you write in, together with the year.

   

5. Termination date: written revocation
   Under TERMINATION DATE, the form asks you to initial one line. Initial the first line if the power of attorney should end when you have signed a written revocation.

   

6. Termination date: a set date or incapacity
   Initial the second line and fill in the date and year to end it on a set date. Or initial the third line to end it when you are determined to be incapacitated. The form defines that word in the paragraph below the options.

   

7. Name a successor attorney-in-fact
   On page 4, find the Successor Attorney-in-Fact paragraph. Enter your agent's name, then the name and address of the alternate agent who takes over if your agent is unable or unwilling to serve.

   

8. Sign and date the form
   At the bottom of page 4, fill in the day, month and year on the "Signed this" line. Then sign above (signature) and write your printed name.

   

9. Acknowledgment: county, date, officer and principal
   On page 5, the notary completes the acknowledgment. The notary enters the county, the date, the officer's name and title, and the name of the person who appeared. You appear before the notary and prove who you are.

   

10. Acknowledgment: the notary's signature and seal
    The notary signs on the Signature line and adds the seal where the form shows (seal). The form notes that the notary verifies only your identity, not that the document is truthful, accurate or valid.

    

11. Witnesses: signature, printed name, address, date
    Page 6 has two witness blocks. Each witness signs, prints their name, and adds their address and the date in their own block.

    

How to Sign and Use the Florida General Power of Attorney

Once the form is filled in, a few more steps make it ready to use. A good habit is to line up your notary and both witnesses before you start, so that everyone can finish in one visit. Follow these steps in this order:

1. Read the whole form once more. Check that names are spelled the same way everywhere and that you initialed one line in each choice.
2. Sign and date page 4 in front of the notary public in Florida and your two witnesses. The notary completes the acknowledgment on page 5, and each witness fills in a block on page 6.^[1]
3. Give a copy to your agent and to each bank or other institution that will deal with your agent.
4. Keep the original in a safe place and tell your agent where it is.
5. If you later end the power of attorney, tell everyone who holds a copy so they know it is no longer in effect.

Frequently Asked Questions

These answers cover signing a Florida power of attorney and ending it. Each answer cites the Florida Statutes, and the numbered sources are listed at the end of the page.

What is required for a power of attorney in Florida?

A Florida power of attorney must be signed by the principal and by two subscribing witnesses and be acknowledged by the principal before a notary public.^[1] The form on this page has a notary acknowledgment on page 5 and a block for two witnesses on page 6.

Who can be the agent in a Florida power of attorney?

The agent must be one of the following:^[1]

• A natural person who is 18 years of age or older.
• A financial institution that has trust powers, has a place of business in Florida, and is authorized to conduct trust business in Florida.

What if the principal cannot sign?

If the principal is physically unable to sign, the notary public before whom the principal's oath or acknowledgment is made may sign the principal's name on the power of attorney.^[1]

Does a Florida power of attorney end when the principal dies?

Yes. A power of attorney terminates when the principal dies.^[2] The form on this page has no line about death, so this ending comes from the law and not from a choice you make on the form.

Does divorce end the agent's authority?

It can. The agent's authority terminates when an action is filed for the dissolution or annulment of the agent's marriage to the principal or for their legal separation, unless the power of attorney otherwise provides.^[2]

Does a revocation work if the agent does not know about it?

Not as to that agent. A termination is not effective as to an agent who acts in good faith without knowledge of it.^[2]

General information, not legal or tax advice.

Sources

Unless noted otherwise, the sources below are from the Fla. Stat.

1. Fla. Stat. § 709.2105.
2. Fla. Stat. § 709.2109.

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.