 | Florida Durable Financial Power of Attorney Form |
The Florida durable financial power of attorney form is a legal document in which a Principal (the person who creates the document) allows another person of their choosing (Also known as the Attorney In Fact/Agent) the right to act specifically on behalf of the Principal while they are ill or unable to work with their own financials. The specific acts will depend upon what the Principal states specifically will be allowed, with regard to their finances and property. The Attorney In Fact/Agent should be someone responsible and trustworthy. This document may be revoked at any time in writing as long as the Principal is competent to take the steps needed and is of sound mind to do so.
Must be signed before a notary public and two (2) witnesses (§ 709.2105(2)).
How To Write
Step 1 – Download the form provided. Read the introduction so that you, as the Principal, will have a better idea of what to expect regarding how this particular document will act, once it’s been completed unless otherwise stated.
Step 2 – Appointment of Attorney In Fact/Agent – Once you’ve read the information at the top of the document, in the lines provided provide the following information:
- Enter the Principal’s name
- Enter the Principal’s physical address
- AND
- Enter the name of the Attorney In Fact/Agent
- Enter the physical address for the Attorney In Fact/Agent
Step 3 – Read the information just after you’ve entered your information with regard to the Attorney In Fact/Agent. In the next section, you will then initial each power that you are willing to allow your agent to perform for you. If you would like your agent to work with all of the described powers, you may simply go to the bottom of this section to “N” and initial only that line. This will grant your Attorney In Fact to take power over all of your financial matters. If you prefer only specific powers be allowed, initial the line before the selection on the form as follows:
- (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 military service
- (L) Retirement plan transactions
- (M) Tax matters
- (N) ALL OF THE POWERS LISTED ABOVE. *YOU NEED NOT INITIAL ANY OTHER LINES IF YOU INITIAL LINE (N)
Step 4 – Special Instructions – In this section you will have the ability to limit or expand the powers you wish to grant to your Attorney In Fact/Agent. Simply write any added instructions or limitations into the lines provided on the form. If more room is required, add a sheet continuing your instructions and attach it to the form.
- After you have completed the “special instructions,” carefully read the information below as whatever you allow in the previous 2 sections will become immediately effective, unless or until the document is revoked by the principal, in writing, to the agent.
- In this section, this document clearly states that your agent has a right to reasonable compensation. When you reach this statement, in the event that you do not wish to compensate your agent, simply strike through the statement and your agent will then have no right to compensation from you.
Step 5 – Successor Attorney In Fact/Agent – If your first selection for your Attorney In Fact/ Agent for any reason, becomes unwilling or unable to perform the duties agreed to in this document, it would be a good idea to have someone else to step into this role as immediately as possible. If you would like to name a Successor Agent
- Write the name(s) of your successor agent(s) in the two lines provided
Step 6 – Choice of Law – If you have granted your Attorney In Fact/Agent, powers over A and/or B where you had detailed the powers allowed with your initials, you will require the services of a notary public. If you would like to use a notary public regardless, you must have the notary present prior to signing the remainder of the document. If you did not check powers A and/or B and would prefer only to use two witnesses, your witnesses must be present prior to signing the document. Provide the following information:
- Provide the date that the Principal is signing the document in the lines, in dd/mm/yyyy format
- Provide the Principal’s Signature
- Enter the Principal’s Social Security Number
Step 7 – Statement of Witnesses – The two witnesses must read the paragraph in this section and then enter the following information on the lines provided for each witness, respectively. The information needed is identical for both witnesses as follows:
- Signature of Witness #1
- Printed or typed name of Witness #1
- Address of Witness #1, Line 1
- Address of Witness #1, Line 2
- AND
- Signature of Witness #2
- Printed or typed name of Witness #2
- Address of Witness #2, Line 1
- Address of Witness #1, Line 2
Step 8 – Notarization – In this section, the notary public must be present for signatures and will complete this section and affix their state seal.
Step 9 – Acknowledgement of Agent – In this section, the first agent you have selected to immediately take control over all legal and fiduciary responsibilities, must read the statement and enter the following:
- Typed or Printed Name of Agent
- Signature of Agent
Step 10 – Preparation Statement – In this section, if this document has been prepared by anyone but the Principal, that person must:
- Provide their typed or printed name
- Enter their signature
Step 11 – Once the form is complete with signatures and notarization, make copies to provide to all who have signatures on the form, for your records and theirs. Most importantly, be certain that your first selected agent has a copy of the document immediately so that any financial institutions or otherwise may receive copy of the document for their files as well and will have a contact person if the Principal is unavailable or unable to communicate their wishes otherwise.
