Florida Durable Power of Attorney: What Every Adult Needs to Know
- Absolute Law Group
- May 6
- 3 min read
A Florida durable power of attorney (DPOA) is one of the most important documents you can have in your estate plan—no matter your age, health, or financial situation.
From managing bills to making urgent decisions in a crisis, this legal tool empowers someone you trust to act on your behalf when you need it most. Whether you’re planning for long-term care, travel, or simply want peace of mind, a DPOA protects your future and avoids unnecessary court intervention.
What Is a Durable Power of Attorney in Florida?
A durable power of attorney is a legal document that allows you (the “principal”) to appoint someone else (your “agent” or “attorney-in-fact”) to handle your financial and legal matters—even if you become incapacitated.
The word “durable” means that the document remains effective even if you are no longer able to make decisions for yourself. Without this, your family could be forced to go through guardianship proceedings just to help you pay your bills or manage your affairs.
Why Every Florida Adult Needs a DPOA
Many people think a power of attorney is only for seniors or the elderly. The truth is: life is unpredictable, and every adult should have one in place.
Here’s why:
Medical emergencies or accidents can happen at any age
Court intervention is time-consuming and costly
Spouses or children don’t automatically gain legal authority
Banks and institutions require official documentation to allow access
Whether you’re a college student, working parent, or retired grandparent, a DPOA gives your loved ones the ability to step in and help without delay.
What Can a Durable Power of Attorney Do in Florida?
The powers granted in a Florida DPOA can be broad or limited based on your preferences. Common authorizations include:
Managing bank accounts
Paying bills and handling debt
Filing tax returns
Buying or selling real estate
Accessing insurance policies and retirement accounts
Handling business or legal matters
Applying for government benefits (like Medicaid or Social Security)
Your DPOA can be customized based on your unique circumstances and future goals.
Choosing the Right Agent
Your agent should be someone you trust deeply—someone responsible, financially literate, and who understands your values.
You may choose:
A spouse or partner
An adult child
A sibling or close friend
A professional fiduciary
In Florida, you can also name backup agents in case your first choice is unavailable.
What Happens If You Don’t Have a DPOA?
Without a valid Florida durable power of attorney, your loved ones may have to petition the court for guardianship if you become incapacitated. This process is:
Public
Expensive
Time-consuming
Emotionally difficult
Worst of all, you lose control over who makes your decisions. The court—not you—will appoint someone to manage your affairs.
Common Myths About Florida Durable Power of Attorney
“I’m married, so my spouse can handle everything.”
False. Financial institutions often require a legal document, especially if an account is not jointly owned.
“I’m healthy and don’t need one yet.”
False. Emergencies can happen at any time. The best time to plan is before a crisis hits.
“I’ll just download a free form online.”
Risky. DIY documents often lack the proper language required by Florida law or specific institutions, leading to rejection or delays.
How to Set Up a Durable Power of Attorney in Florida
At Absolute Law Group, we help you create a durable power of attorney that:
Complies with all Florida statutes
Reflects your personal wishes
Includes necessary financial and legal powers
Is accepted by banks, lenders, and government agencies
We also ensure your DPOA works alongside your will, trust, and healthcare directives for a complete, unified estate plan.
Ready to Protect Yourself and Your Loved Ones?
Don’t wait for a crisis. Secure your future today with a customized Florida durable power of attorney from the trusted team at Absolute Law Group.
Or call our office to speak with a member of our team.
Comments