Irrevocable Power of Attorney in Florida
An irrevocable power of attorney grants authority to an agent that cannot be revoked by the principal. Under Section 709.2108, Florida Statutes, a power of attorney is irrevocable when it is "coupled with an interest," meaning the agent has a property or security interest that depends on the power continuing.
When It Applies
- Secured lending: Lender authority to manage collateral on borrower default
- Business partnerships: Partner authority over jointly owned assets
- Real estate closings: Purchaser authority to execute closing documents
- Requires a genuine coupled interest; without it, Florida presumes revocability
Standard vs. Irrevocable
- Standard (Chapter 709): Revocable at any time; terminates at death; requires witnesses and notarization
- Irrevocable: Cannot be unilaterally revoked; may survive principal’s death; must identify the coupled interest
Requirements
- Must clearly state it is irrevocable
- Must identify the coupled interest
- Florida courts scrutinize closely (limits principal’s autonomy)
- Governed by Chapter 709 and common law of agency
Related Terms
- Power of Attorney — Standard POA framework
- Estate Planning — Incapacity planning tools
- Contract — Agreement framework
Barnes Walker Estate and Business Law
Barnes Walker’s attorneys draft and advise on powers of attorney for estate planning and business transactions in Manatee and Sarasota counties. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 736 (Florida Trust Code)
The Florida Trust Code governs the creation, modification, and administration of trusts, including trustee duties, beneficiary rights, and trust termination.
Fla. Stat. Ch. 709
The Florida Power of Attorney Act governs the creation, scope, and termination of powers of attorney, including durable powers that survive the principal's incapacity.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC