Question 1

What is a durable power of attorney in Florida?

Accepted Answer

A durable POA (Chapter 709) remains effective if the principal becomes incapacitated. The document must include: "This power of attorney is not affected by subsequent incapacity of the principal" or similar language (Section 709.2104). This is the most important type for estate planning: without durability, the POA terminates when the principal is incapacitated (precisely when the agent’s authority is most needed). The durable POA: takes effect immediately upon execution (unless it is a springing POA), and remains effective until: the principal revokes it, the principal dies, or a court revokes the agent’s authority.

Question 2

What fiduciary duties does a Florida durable POA agent have?

Accepted Answer

Agent duties (Section 709.2114): act in the principal’s best interest, act in good faith and with loyalty, avoid conflicts of interest, keep the principal’s property separate from the agent’s property (no commingling), maintain accurate records and accounts, and comply with the specific instructions in the POA. The agent can be held personally liable for: breach of fiduciary duty, unauthorized transactions, and waste of the principal’s assets. A court can remove the agent and appoint a replacement if the agent breaches their duties.

Question 3

How is a durable POA revoked in Florida?

Accepted Answer

Revocation: the principal can revoke a durable POA at any time (as long as the principal is competent). Methods: written revocation (a written document signed by the principal, delivered to the agent), destruction (physically destroying the POA document), execution of a new POA (a new POA that expressly revokes all prior POAs), and court order (a court can revoke the POA upon petition by an interested party). The revocation should be: delivered to the agent (the agent cannot be held liable for actions taken before receiving notice of revocation), and recorded in the official records (if the POA was recorded, the revocation should also be recorded).

Power of Attorney Durable Form

Durable Power of Attorney in Florida

Durability

Agent Duties

Revocation

Related Terms

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