Florida Durable Power of Attorney

Florida durable power of attorney laws are stated in Florida Statutes, Title 40, Chapter 709 (Powers of Attorney and Similar Instruments).  According to Florida laws a durable power of attorney is a type of power of attorney that will not be revoked if a principal is subsequently incapacitated.  For a power of attorney to be considered durable there should be clear indication in writing that it will not be revoked by a subsequent incompetence of the principal.  A durable power of attorney should be recorded in accordance with the formalities required for recording a real property deed.

A durable power of attorney is revoked on principal’s death, revocation of power, or when a court of competent jurisdiction adjudicates the agent’s authority partially or totally.  However, the principal’s death does not revoke or invalidate the actions of the agent when acted without actual knowledge of principal’s death, and the agent’s actions will bind the principal’s successors.  Likewise, in case of a non durable power of attorney the principal’s incapacity will not revoke or invalidate the actions of the agent when acted without actual knowledge of principal’s incapacity and the agent’s actions will bind the principal’s successors.  In such situations, the agent is required to produce an affidavit stating that the agent did not have actual knowledge of the principal’s death or incapacity.


Inside Florida Durable Power of Attorney