Florida Durable Power of Attorney: Who Needs It and When?

A Florida Durable Power of Attorney can be an essential estate planning documents. It gives someone else the power to make financial or healthcare decisions on your behalf in the event that you become incapacitated or unable to make decisions for yourself.

But who needs a this document in Florida, and when should they get one?

Who needs a Florida durable power of attorney?

Anyone over the age of 18 who wants to ensure that their financial or healthcare decisions are made by someone they trust in the event that they become incapacitated should consider getting a durable power of attorney. This includes:

  • Elderly individuals who want to ensure their affairs are in order in case of incapacity
  • Anyone planning for the possibility of incapacity due to illness or injury
  • Individuals who want to designate a trusted family member or friend to make decisions on their behalf

When should you get a Florida durable power of attorney?

It is never too early to get a durable power of attorney. It is best to have one in place before you actually need it. Waiting until you become incapacitated can lead to additional stress and legal complications.

If you have a chronic illness, are undergoing medical treatment, or have a high-risk job, it is particularly important to have a decision maker in place. This way, if something unexpected happens, your affairs will be handled according to your wishes.

How does a Florida durable power of attorney work?

A durable power of attorney gives someone else the authority to make decisions on your behalf. This person is called an agent or attorney-in-fact.

The document must be signed in front of two witnesses and a notary to be legally binding. It can be revoked at any time as long as you are mentally competent.

There are two types of durable power of attorney in Florida: one for financial decisions and one for healthcare decisions. You can choose to have one or both types, depending on your needs.


Finally, this important legal document that can ensure your affairs are handled according to your wishes if you become incapacitated. Anyone over the age of 18 can benefit from having one, particularly those who are elderly, have a chronic illness, or have a high-risk job. It is best to have one in place before you actually need it, and you can choose to have one for financial decisions, healthcare decisions, or both. Make sure to consult with a legal professional to ensure that your durable power of attorney meets all the legal requirements.

Please feel free to reach out for a free consultation by emailing info@tejeslaw.com, calling (407) 734-5166 or using this link to schedule an appointment yourself.

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