When a loved one begins to face health challenges—or when it’s time to get serious about future planning—certain legal documents take on greater importance. One of the most powerful is the Florida Durable Power of Attorney (DPOA).
Used correctly, a DPOA can provide peace of mind to both the person creating it and the person chosen to act on their behalf. But not all Durable Powers of Attorney are the same. The authority granted must be carefully written and the agent’s responsibilities are legally defined under Florida law.
This blog breaks down the rights and limitations associated with a Florida Durable Power of Attorney—from both the principal’s and the agent’s point of view—so you can move forward with clarity and confidence. You’ll see both “Durable Power of Attorney” and “DPOA” used throughout this blog; both refer to the same legal document.
What Is a Durable Power of Attorney in Florida?
A Durable Power of Attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to act on their behalf in financial, legal or personal matters. The word durable means the document remains valid even if the principal becomes incapacitated.
Unlike a general FL Power of Attorney (Florida POA), which automatically ends when the principal is no longer mentally competent, a DPOA is designed to continue operating during periods of subsequent incapacity—which is often when the agent’s role becomes most important.
A DPOA is commonly used in Estate Planning to prepare for situations where the principal might no longer be able to make decisions due to illness, injury or age-related decline. With a DPOA in place, the agent can step in and manage the principal’s affairs without court involvement.
In Florida, a DPOA must meet specific legal requirements to be valid. The document must:
- Be signed by the principal
- Be executed in the physical presence of two witnesses and a notary public
- Clearly describe the powers being granted to the agent
Florida law does not allow implied authority. The agent can only act within the scope of what the DPOA explicitly states. If a specific power—such as handling real estate, making gifts or modifying a Trust—is not written into the document, the agent does not have that authority.
The principal retains control over the DPOA while they are competent. That means they can revoke the document, update its terms or name a new agent at any time, so long as they still have the legal capacity to do so.
A Florida DPOA provides peace of mind for both the principal and the people they trust, allowing financial and legal matters to be handled efficiently during times of uncertainty or incapacity.
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What Authority Does a Florida Durable Power of Attorney Grant?
A Durable Power of Attorney grants legal authority to an agent to act on behalf of the principal, but only for the specific tasks outlined in the document. Florida law limits this authority to what the principal has clearly stated—agents cannot assume powers that aren’t written in.
Unlike a springing power of attorney, which becomes effective only upon incapacity, a Florida DPOA is effective as soon as it’s properly signed and witnessed. That’s why it’s important for the principal to carefully consider which powers to grant when the document is created.
Most Florida DPOAs include authority to manage practical, day-to-day matters. Common powers granted under a DPOA include:
- Conducting banking transactions (e.g., deposits, withdrawals, account management)
- Paying monthly bills and handling routine financial obligations
- Managing real estate transactions, such as buying, selling or leasing property
- Filing and paying taxes on the principal’s behalf
- Making legal claims or responding to lawsuits, including settling disputes
These powers are generally included in Durable Powers of Attorney because they allow the agent to step in and keep the principal’s affairs running smoothly—especially if the principal becomes ill or incapacitated.
It’s important to remember that the agent’s authority is not open-ended. If a power is not explicitly listed in the DPOA, the agent does not have legal permission to act in that area, even if it seems helpful or necessary.
Every DPOA must also comply with Chapter 709 of the Florida Statutes, which outlines how these documents must be executed and what limitations apply.
Powers That Must Be Specifically Granted
Not all powers under a Florida Durable Power of Attorney are automatically granted—even if the document gives the agent broad authority. Florida law draws a clear distinction between general powers and certain high-impact powers that require explicit language in the document itself.
These powers are listed in Florida Statutes § 709.2202 and include actions that can significantly alter the principal’s Estate Plan, affect long-term tax consequences or determine how future financial benefits are handled. Because of their importance, these powers must be clearly spelled out in the DPOA and executed with the same formalities as the original document—including the signatures of two witnesses and a notary public.
Examples of powers that require this level of specificity include:
- Creating, amending or revoking a Trust, including a Revocable Living Trust
- Making gifts on the principal’s behalf
- Creating or changing rights of survivorship, such as naming a joint and survivor annuity
- Making or changing beneficiary designations, such as on life insurance policies or retirement accounts
- Waiving rights to survivor benefits under retirement plans or pension agreements
If these powers are not explicitly listed in the DPOA, the agent cannot legally perform them—even if the agent believes the action would benefit the principal or simplify future estate administration.
This limitation exists to protect the principal from unintended consequences or financial abuse. It also helps preserve the integrity of the principal’s broader estate planning documents, such as a Trust instrument or Health Care Surrogate designation. By requiring specific authorization for sensitive actions, Florida law limits an agent’s ability to overstep their role or act in ways that conflict with the principal’s long-term wishes.
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What Are the Agent’s Duties?
Accepting the role of agent under a Florida Durable Power of Attorney creates a fiduciary relationship governed by both trust and legal responsibility. This position comes with clearly defined obligations—not just decision-making power.
Under Fla. Stat. § 709.2114, agents have a fiduciary duty to act in the best interest of the principal, carry out their authority in good faith and avoid using their position for personal benefit unless the DPOA explicitly allows it.
Key duties include:
- Acting in good faith: Decisions must be made honestly and with integrity.
- Preserving the principal’s Estate Plan: If the agent knows the principal’s intentions regarding a Trust instrument, beneficiary designations or Health Care Surrogate, those plans must be honored.
- Avoiding conflicts of interest: Personal interests cannot be placed above the principal’s—unless specifically authorized in writing.
- Keeping accurate records: All banking transactions, real estate dealings and financial activities must be documented and organized.
- Respecting the limits of authority: Even if a different course of action seems more beneficial, the agent may not act contrary to the principal’s known wishes.
These obligations apply whether the agent is paying monthly bills, managing a joint and survivor annuity or working with financial institutions to handle retirement or Trust business. The same level of care is expected in real estate transactions or dealings with other financial institutions.
Florida law also discourages informal, undocumented activity that could raise questions about financial abuse. If the agent’s authority is ever challenged—by a bank, family member or the circuit court—they must be able to demonstrate that all actions were taken within the scope of the powers granted in the DPOA.
Violating these duties can lead to serious consequences, including court involvement, removal as agent and personal liability for any resulting financial loss. That’s why many agents in Boca Raton consult with a trusted Estate Planning attorney before taking significant action—especially when working with a Trust created, disclaiming property or modifying a beneficiary designation.
This role isn’t about control—it’s about stewardship. Agents are expected to act with the same care and responsibility they would apply to their own affairs, if not more.
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When Does the Agent’s Authority Terminate?
An agent’s authority terminates under specific conditions listed in Fla. Stat. § 709.2109, including:
- The death of the principal
- Revocation of the power by the principal
- A court determines the document is invalid
- The agent dies, becomes incapacitated or resigns
- A court appointed fiduciary takes over (e.g., in a guardianship case)
- The agent was married to the principal and they divorce—unless the document says otherwise
A partially incapacitated principal cannot revoke the DPOA unless a court finds them capable of making that decision.
Frequently Asked Questions
In addition to what’s been covered in this blog, the Florida Durable Power of Attorney often raises practical questions—especially when you’re trying to understand how it fits within a broader Estate Plan. The answers below help clarify what this document allows, where its limits lie, and how it interacts with other planning tools—whether you’re the person granting authority or the one named to use it.
Q: Can More Than One Person Act as Agent?
A: Yes. A DPOA can name co-agents, and unless the document requires them to act jointly, each agent may act independently. However, if co-agents disagree and both are exercising their authority separately, it can lead to complications. The original DPOA form should specify how co-agents are expected to operate.
Q: Can an Agent Be Held Personally Liable?
A: Yes. Agents are held to a legal standard of care, competence and diligence. If an agent breaches their fiduciary duty—for example, through financial abuse, self-dealing or mismanagement—they can be held personally responsible. If the matter results in litigation, the agent may also be liable for attorney’s fees if the court finds they acted outside the authority granted.
Q: Is a Durable Power of Attorney Connected to Other Estate Planning Documents?
A: Yes. A DPOA is often just one part of a larger Estate Plan. Other documents may include:
- A Last Will and Testament
- A Revocable Living Trust
- A Health Care Surrogate designation
- A Living Will
The agent named in the DPOA may be required to coordinate with a trustee, a personal representative or even a settlor’s agent when the trust created needs to be administered or updated. The DPOA should work in harmony with these other tools to reflect the principal’s full intentions.
Q: Can a Durable Power of Attorney Be Used To Avoid Probate?
A: Not on its own. A DPOA allows the agent to manage the principal’s affairs during their lifetime. Once the principal passes away, the DPOA becomes void. At that point, authority shifts to a Personal Representative (if named in a Will) or a Successor Trustee (if a Trust was created). To truly avoid Probate, other tools—like a Revocable Trust—must be part of the Estate Plan.
Q: What Happens After the Principal Dies?
A: When the principal dies, the DPOA is no longer valid. The agent’s authority ends immediately and they may not conduct further transactions or make decisions. If a Trust instrument is in place, the Trustee takes over. If there is no Trust, the Estate typically goes through Probate, where the circuit court will appoint a Personal Representative if one wasn’t already named in the Will.
Although the agent no longer has legal power, they may still assist with organizing records or helping the Estate’s legal representative manage the transition.
Q: Can a Power of Attorney Be Used to Make Health Care Decisions?
A: Only if the DPOA includes specific language granting that authority. Florida law generally separates financial powers from medical decision-making. In most cases, medical decisions are made through a separate Health Care Surrogate designation.
Some DPOAs may include limited authority for health care matters, but to avoid confusion, many attorneys recommend using separate documents. Florida law also requires that a natural person (not a financial institution or law firm) serve in the surrogate role.
A Florida DPOA gives the agent powerful tools—but also serious legal responsibilities. Whether you’re managing someone’s affairs or drafting the document for your own future planning, it’s important to understand the limits, duties and protections built into Florida law. If there’s uncertainty about what the DPOA allows, speak with a Florida Estate Planning attorney before taking action. Acting within those legal limits protects everyone involved—especially the person who created the DPOA in the first place.
Make Informed Decisions About Your Florida Durable Power of Attorney
A Durable Power of Attorney isn’t just a form—it’s a powerful legal instrument that can shape how your financial and personal affairs are managed during periods of incapacity. Whether you’re creating a DPOA as part of a broader Estate Plan or you’ve been named as an agent and need clarity on what the role actually involves, trusted legal guidance can make all the difference.
At The Siegel Law Group, P.A., our Boca Raton, Florida Estate Planning lawyers work with individuals and families across South Florida to draft, review and interpret Durable Powers of Attorney that reflect each person’s unique needs. We help principals understand what powers they’re granting—and help agents carry out their responsibilities without overstepping legal boundaries.
If you’re unsure how a DPOA fits into your Estate Plan or what your obligations are under one, we’re here to provide answers based on Florida law—not guesswork. Call The Siegel Law Group, P.A. at or fill out our confidential online form to schedule your complimentary consultation today.
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