 | Florida Limited (Special) Power of Attorney Form |
The Florida limited (special) power of attorney form allows for the Principal to grant only specific (limited or special) powers to the Agent in question. This can be as simple as receiving the Principal’s mail, or as significant as the purchasing of real estate. It is vital that the Principal defines as clearly as possible the task(s) assigned to the Attorney-in-Fact in order to avoid any possible confusion. Furthermore, it should be noted that the power cannot be revoked until proper notice has been given. In Florida, a power of attorney must be signed by the Principal and two other witnesses before a Notary Public (709.2105).
How To Write
Step 1 – Download the document and begin by reading all of page one to better educate yourself and your attorney in fact/agent about how this document will affect each party.
Step 2 – After page one has been read and reviewed provide the following information by typing or writing it into the form:
- Principal –
- Name of Principal
- Physical Address of Principal
- City
- State where the principal resides
- Attorney In Fact/Agent –
- Name of Attorney-in-Fact
- Physical Address of Attorney-in-Fact
- City
- State
- Enter the state in which the document is being created and used
- Enter any detailed description of the exact powers that will be allowed by the Principal (if more room is required, add a continued sheet and attach it to the document
Step 3 – Successor Attorney In Fact/Agent – In the event your original selected Attorney In Fact becomes unable or unwilling to provide service you may provide selection of a second person to take over the authorized document if needed (optional) Provide the following information:
- Name of Successor Attorney-in-Fact
- Physical Address of Successor Attorney-in-Fact
- City
- State
- Enter the state in which the document is being created and will be used by the successor agent
- Enter any detailed description of the exact powers that will be allowed by the Principal (if more room is needed, add a continued sheet and attach it to the document
Step 4 – Principal Review of Terms – The principal must review the terms provided on page 3 of the document. You must also acquire the services of a notary public to witness all signatures. Once all of those providing signatures to your document, at the end of the paragraph, if in agreement, the Principal must provide:
- Principal’s printed or typed name
- Date the document is being signed (dd/mm format)
- Principal’s signature
Step 5 – Statement Review and Signatures – Attorney In Fact and Successor (if applicable) – In this section both the first selected and successor agents must read the paragraphs and provide:
- Printed or Typed name of Attorney In Fact
- Signature of Attorney In Fact
- Date of Signature mm/dd/yyyy format
- AND
- Printed or Typed name of Successor Attorney In Fact (optional)
- Signature of Successor
- Date of Signature mm/dd/yyyy format
Step 6 – Witness Attestation – In this section two witnesses must sign the document. Both names and signatures will be located in the same paragraph. Both witnesses must read the paragraph and provide the following:
- Printed name of first witness
- Printed name of second witness
- Signature of first witness
- Signature of second witness
Step 7 – Notary Acknowledgement – This section must be completed by a notary public after witnessing all signers on the document.
- The notary will complete all information in this section, sign the document and affix their state seal
Step 8 – Acknowledgements and Acceptance of Appointment as Attorney-in-Fact and Successor (if any) – The first selected Attorney In Fact and the Successor (if any) must read the acknowledgement in their respective paragraphs and then provide the following information:
- Attorney In Fact’s printed or typed name
- Attorney In Fact’s Signature
- Date of signature in mm/dd/yyyy format
- AND
- Successor’s printed or typed name
- Successor’s Signature
- Date of signature in mm/dd/yyyy format
Step 9 – Make copies of the document for your records and the records of all of those who have signed the document on your behalf. You may also need additional copies for creditors and/or financial institutions with whom you hold interest
