Florida Durable Power Of Attorney Form Florida Bar

Durable power of attorney notice to third parties.

Florida durable power of attorney form florida bar.

The forms included on the florida agency for health care administration s health care advance directives website scroll down to find the downloadable forms have been approved by the supreme court of florida. The term durable refers to the document remaining valid if the principal should become incapacitated ex. The florida durable power of attorney form is used by a person seeking to choose someone else to handle financial transactions on their behalf this is common for senior citizens that elect family members to handle their banking taxes and real estate. Florida durable power of attorney form represents a way in which an individual or principal can have someone act for them with regard to their finances and other areas of life the durable type of poa stays in effect even if the principal ends up in a situation where he or she cannot think or act or communicate.

At such a point the. Durable powers of attorney have become increasingly important instruments in estate and medicaid planning in recent years particularly since the substantial revision to the law made in 1995. The powers granted by this document are broad and sweeping. This durable power of attorney is not affected by subsequent incapacity of the principal except as provided in 709 08 florida statutes.

Your unreasonable refusal to allow the attorney in fact to act pursuant to this document may subject you to liability for damages and costs including attorneys fees pursuant to florida statute section. Florida power of attorney forms 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. Alzheimer s disease dementia.

However there are certain exceptions specified in florida law when a durable power of attorney. The florida bar makes no representation whatsoever about the form s usability or validity. The florida general power of attorney form allows for the same rights for an agent as the durable which is to act in the principal s best interest for any financial matter legal within the state. They are explained in the uniform statutory form power of attorney act.

A power of attorney terminates if the principal becomes incapacitated unless it is a special kind of power of attorney known as a durable power of attorney a durable power of attorney remains effective even if a person becomes incapacitated. Living wills health care surrogates and advanced directives. Recently the law was amended to permit springing durable powers of attorney which should further enhance the use of these instruments. Frequently requested forms and applications.

The difference lies in the fact that the general form does not remain valid if the principal loses decisional capacity.