A durable power of attorney can make it easier for a trusted person to help with financial and legal matters during your lifetime. It can be especially useful if illness, travel or another circumstance makes it difficult to handle those matters yourself.
Choose the person and define the authority
The person you appoint is called your agent. The document should identify the powers being granted and any limits or special instructions. Certain powers require specific authorization under Florida law, so a general statement about handling finances is not necessarily enough.
Choose someone who is trustworthy, organized and able to communicate with financial institutions and advisers. Discuss the responsibility in advance and consider a successor in case the first person cannot serve. The agent must act within the authority granted and comply with fiduciary duties, including appropriate recordkeeping.
Understand when the document takes effect
Under current Florida law, a financial power of attorney generally becomes effective when signed. It ordinarily cannot be written to spring into effect only upon future incapacity, although the statute recognizes limited exceptions and certain older documents.
“Durable” means that the authority continues despite the principal’s subsequent incapacity when the required language is included. It does not mean that the agent must wait for incapacity before acting. This makes careful selection of the agent and the scope of authority particularly important.
Plan separately for health care
A designation of health care surrogate addresses medical decision-making and access to health information. A living will can express treatment wishes in specified circumstances. These documents serve different purposes from a financial power of attorney and should be coordinated with it.
Reduce uncertainty, while recognizing limits
Effective planning may reduce the need for a guardianship, but no document guarantees that a court proceeding will never be necessary. The scope of authority, the agent’s availability and the person’s actual circumstances all matter. Florida law favors appropriate less restrictive alternatives.
A power of attorney ends at the principal’s death. It is not authority to administer the deceased person’s estate; that role is addressed through probate, trust and other applicable arrangements.
We can help prepare and review the documents as part of a coordinated estate plan. If a guardianship proceeding is needed, we can refer clients to trusted colleagues, as Verras Law does not accept those proceedings. Contact us to discuss the support you would like your plan to provide.
Sources: Florida power-of-attorney effective date; Agent duties; Termination of power of attorney; Health care surrogate designation.
Updated October 26, 2026.