Florida power of attorney provides a way for a person to assign his or her legal authority over his or her financial and other matters to another person. This allows the other person, or agent, to act on the person’s, or principal’s, behalf. Many people use this type of form when they know they are going to be away or they want to plan for a time when they may be incapacitated. Since the agent will be acting in the principal’s place with the principal’s finances or other assets, it is vitally important that the principal choose someone they trust implicitly. Usually the principal will choose a trusted friend or relative.
Durable Power of Attorney – If someone becomes unable to make decisions for themselves due to an accident or illness, this form allows a grantor the ability to have control over the interests of the incompetent person until the principal becomes competent again.
General Power of Attorney – This power of attorney is for use if someone is going to be unavailable and needs someone to stand in their place. It becomes void, however, if the principal becomes incapacitated.
Limited Power of Attorney – This form is for use for a specified time or limited circumstance.
Medical Power of Attorney (Designation of Health Care Surrogate) – This form allows a person to pick a friend or relative who will be able to make decisions on health matters, in the event the person can’t communicate or make decisions for themselves.
Parental (Minor Child) Power of Attorney – This document allows a person to assign temporary guardianship over their children in the event they are going to be away for a limited period of time.
Real Estate Power of Attorney – Allows an owner of property or a buyer to elect someone else to handle a transaction on their behalf.
Revocation of a Power of Attorney – This document revokes a previously entered into power of attorney. It can only be signed if the principal is still competent.
Tax Power of Attorney (DR-835) – This document allows a principal to appoint a specific person, usually a tax advisor, who will take care of any filings on behalf of an individual or entity with the Department of Revenue.
Vehicle Power of Attorney – This allows someone to act in another person’s stead when dealing with registering and titling a vehicle.
How to Write
1 – Download And Prepare The Paperwork
You may gain access to this form directly from this page by clicking on one of the buttons on the right. It is recommended to download a file version that you possess a compatible software program to enter the information onscreen by editing the file you obtained. This will also enable the Preparer or the Principal to simply remove any instructions or powers the Principal does not want included. If you do not have such software, you may enter the information on screen using a form-friendly browser or print it then fill in the information. If any statements need to be removed from the issuance, the Principal may physically strike a horizontal line through the unwanted statements then initial the strike-through.
2 – Record The County
Locate the first words near the top left corner of this page, “State of Florida County Of,” then enter the County where this authority document is being drafted on the blank space provided.
3 – Declare The Identity And location Of The Principal And The Agent
The Principal’s Name must be clearly presented on the blank line labeled “Name” after the words “Know All Men…”
The next piece of information that must be displayed is the County where Principal resides. Record the name of this county on the next blank space, labeled “County.”
On the blank space, labeled “Name,” following the words “…do hereby appoint,” record the Name of the Agent who will be appointed with the Principal’s Authority
4 – Review And Approve Or Limit The Granted Authority
The information contained in this document will detail the Principal Powers being designated to the Agent. The Principal should read each section of this form very carefully If any part of this document contains a power, action, or instruction the Principal does not want included, it may be crossed out with a horizontal line and initialed by the Principal.
The Agent will be appointed with the Principal’s Collection Powers in the first item. If the Principal does not wish to grant such authority to the Agent, then he or she should cross out Item 1 and initial the alteration
The Principal’s Payment Powers listed in the second item will be granted to the Agent unless the Principal strikes a line through the Item 2 statement(s) and provides his or her initials in the margin to validate the striker through.
The third item will grant access and Principal Power regarding Safety Deposit Boxes. If Item 3 is not crossed out and initialed by the Principal, the Agent will have the powers defined in this statement.
There will be a detailed list of powers the Principal has in his or her Banking Matters in Item 4. The Principal may withhold any of these powers from the Agent by crossing out that subject of authority and initialing the margin.
Item 5 will define Management Powers under the Principal’s control. The Principal may choose to restrict the Agent from this level of authority by crossing out the statement(s). This alteration to the form must be initialed by the Principal on the same line.
The sixth Item will verify the Principal’s appointment of Tax Powers to the Agent. This item should be crossed out if the Principal does not wish to grant the powers described. Additionally, the Principal should initial the margins.
The statements in the seventh item will deliver the Principal’s Trust Powers to the Agent. The Principal may deny the Agent of Power in any of the Trust Matters defined in Item 7 by crossing out the statements that apply then, initialing the strike-through
The eighth subject matter will grant the Agent Principal Authority in the Principal’s Business Interests. Any of the statements in Item 8 may be crossed out and initialed by the Principal to prevent the Agent from having the authority it defines.
The ninth authority matter will define several areas of Personal Interest to the Principal thus, granting the Agent Principal Authority over them. The powers defined in Item 9 may be withheld from the Agent once the Principal crosses them out and initials the margin.
The tenth item focuses on defining the Principal Authority that will be granted to the Agent regarding Health Care Powers. If the Principal does not want the Agent(s) in this document to have such decision making Authority, he or she must strike through any of the subjects that should be withheld from the Agent. If any statements are crossed out by the Principal, his or her initials must be present in the margin.
The eleventh item will empower the Agent with General Authority to act on the Principal’s behalf. If the Agent should be restricted from some of these powers, the Principal will need to cross out the power to be withheld and initial the margin.
5 – Execute this Paperwork Properly
This document will deliver a significant amount of Authority to the Agent so that he or she may act on behalf of the Principal, however, interested entities will need some form of proof that it is indeed the will of the Principal to appoint such authority. To this end, the Principal must sign his or her Name before two Witnesses and a Notary Public.
Near the bottom right-hand corner of this page, find the blank line labeled “Signature” and “Date.” Here, the Principal must sign his or her Name then enter the Date of Signature.
The Principal must make sure his or her Printed Name is presented below the Signature line.
To the left of this, two witnesses must provide their Signatures and Signature Date to verify the Principal Signing. This may only be done if the Signature Witness has physically seen the Principal Sign this form.
Below this will be the area where the Notary Public will verify the Date, Attending Parties, and Notarization for this signing.