A Florida durable power of attorney is a legal document that designates a person to act on behalf of another person
. The person who is granting the authority to someone else to act in their behalf is called the "principal". The person designated to act on behalf of the principal is called the "attorney-in-fact". An attorney-in-fact can be any person who is at least eighteen years of age and is of sound mind. Some financial institutions and not-for-profit corporations can also be named as the principal's attorney-in-fact.
The Florida durable power of attorney form must be signed by the principal who is granting powers to his/her attorney-in-fact. A Florida durable power of attorney form is also required to be signed by two adult witnesses and notarized by a notary public in the same manner a deed must be acknowledged in the State of Florida.
A Florida durable power of attorney form must also contain the words "This durable power of attorney is not affected by subsequent incapacity of the principal" or similar wording to show that the principal meant for the attorney-in-fact to still be able to act on behalf of the principal in his/her name even if the principal should later become incapacitated.
The attorney-in-fact may act on behalf of the principal in his/her name immediately after the document is signed, witnessed and acknowledged. The attorney-in-fact can also continue to act on behalf of the principal in his/her name until the principal dies or the document is revoked by the principal.
If the principal becomes incapacitated and someone else legally requested the court to determine the principal's incapacity, the attorney-in-fact's authority to continue to act on behalf of the principal would be suspended until the court made a final determination or if the request is dismissed or withdrawn.
A Florida durable power of attorney form cannot give the attorney-in-fact the authority to vote or sign a last will and testament on behalf of the principal.