Attorney
A durable power of attorney is a practical way to decide who can help with financial and legal matters if you need assistance. It can be useful during an illness, while traveling, or when managing everyday affairs becomes difficult. Making that choice while you have capacity gives you an opportunity to discuss the role with someone you trust.
What does “durable” mean?
The person granting authority is the principal; the person authorized to act is the agent. A power of attorney can address a limited transaction or give broader, specifically described authority. Durability means the authority can continue despite the principal’s later incapacity. It does not mean that the agent has unlimited powers.
A Florida power of attorney executed under current law is generally effective when signed. It ordinarily cannot be designed to become effective only upon a future finding of incapacity, although the statute recognizes specified exceptions, including certain older documents. This immediate authority is an important reason to choose the agent and the powers carefully.
Choose both the person and the authority thoughtfully
Consider the proposed agent’s honesty, judgment, availability and ability to maintain records. Discuss whether the person is willing to serve, and name a suitable successor. Certain sensitive powers require express authorization and additional formalities. A general statement allowing the agent to do anything is not a substitute for careful drafting.
An agent is a fiduciary who must act within the granted authority, follow applicable duties and keep records of transactions. The document does not authorize the agent to treat the principal’s property as the agent’s own. Authority also generally ends at the principal’s death; administering the estate is a separate role.
Coordinate financial and health care planning
A designation of health care surrogate is the usual Florida planning document for medical decision-making. A living will addresses specified treatment wishes. Although a power of attorney can contain relevant health care authority, the documents should be coordinated so the people named understand their respective responsibilities.
A useful power of attorney can reduce the need for a guardianship, but cannot guarantee that court involvement will never be necessary. Florida law favors appropriate alternatives and the least restrictive form of assistance. A limited guardianship does not automatically remove every right from the person receiving help.
A manageable planning step
We can review an existing document or prepare one suited to your circumstances as part of planning for future assistance. We generally do not accept new guardianship matters except for existing clients. For new guardianship matters outside that scope, we can help arrange a referral to trusted colleagues.
Sources: When a Florida power of attorney is effective; Agent duties; Florida guardianship policy.
Updated October 26, 2026.