What is a Durable Power of Attorney in Florida?

A durable power of attorney in Florida is one that continues even after the person who is giving the power to another (the principal) becomes incapacitated. Most powers of attorney in Florida are durable powers of attorney.

  1. Appointment

    • The Florida durable power of attorney must be given to a competent adult and signed in the presence of two witnesses.

    Powers

    • A durable power of attorney in Florida gives the attorney in fact (the person given the power) authority over all health care decisions of the principal except procedures that keep the principal comfortable or relieves pain. However an attorney in fact cannot authorize the withholding of life prolonging procedures for a pregnant woman prior to viability.

    Revocation

    • The durable power of attorney can be revoked in Florida either orally or in writing. If the attorney in fact is the principal's spouse, divorce acts as a revocation of the power.

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