Estate planning isn’t just about deciding who inherits your assets after you’re gone—it’s also about preparing for the unexpected while you’re still alive. A key part of that preparation is having a Durable Power of Attorney (DPOA) in place.
If you ever become unable to make decisions due to illness, injury, or age-related conditions, a Durable Power of Attorney ensures someone you trust can manage your financial and legal affairs on your behalf.
Let’s take a closer look at what a DPOA is, how it works in Florida, and why it should be part of your estate plan.
What Is a Durable Power of Attorney?
A Durable Power of Attorney is a legal document that lets you appoint another person (called an agent or attorney-in-fact) to act on your behalf. What makes it “durable” is that it remains valid even if you become mentally or physically incapacitated.
In Florida, this tool helps avoid court intervention and ensures your affairs continue smoothly if you’re unable to manage them yourself.
Who Can Create a DPOA in Florida?
Anyone 18 years or older with the mental capacity to understand what the document means and what authority it grants can legally create a DPOA. If the individual doesn’t fully comprehend the nature of the document, the DPOA could be considered invalid.
What Powers Can an Agent Have?
A DPOA can be as broad or limited as you want. When properly drafted, your agent may be authorized to:
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Handle financial transactions
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Access and manage bank accounts
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Sign legal or business documents
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Buy or sell property
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Pay bills and taxes
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Apply for government programs like Medicaid
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Manage retirement accounts or insurance policies
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Arrange for medical or long-term care
You’re also allowed to place specific restrictions on your agent’s powers to ensure your wishes are followed closely.
Legal Limits in Florida
While a DPOA can give your agent wide-ranging authority, there are boundaries. Florida law prohibits agents from:
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Voting in public elections on your behalf
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Creating, altering, or revoking your will
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Making decisions that require personal discretion or sworn knowledge (such as affidavits)
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Taking on roles as a trustee or court-appointed fiduciary unless explicitly authorized
Agents are also forbidden from using their powers for personal gain. If they mismanage your property or assets, they can face serious legal consequences.
Why Include a DPOA in Your Estate Plan?
Here’s why a Durable Power of Attorney is a smart move:
✔️ Cost-Effective Planning
Setting up a DPOA is simple and affordable—and it prevents your loved ones from having to seek court approval to manage your affairs later.
✔️ You Stay in Control
You decide who your agent is and exactly what powers they have. You can be as specific or general as you like.
✔️ Built-In Accountability
You can include conditions that require your agent to keep detailed records, report financial activity, or provide receipts for transparency.
Things to Be Aware Of
Even though a DPOA is highly useful, it does have limitations:
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No court supervision means you must choose your agent carefully to avoid abuse or mismanagement.
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Expires when you pass away—a DPOA only covers decisions during your lifetime. You’ll still need a will or trust to manage your estate after death.
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Some institutions may not accept older documents or may request additional forms, depending on their policies.
Choosing the Right Agent
Because the person you appoint will have access to your personal and financial matters, it’s essential to choose someone reliable, responsible, and trustworthy. Even close family members can make poor decisions—especially if they’re under financial stress or dealing with personal challenges.
To protect yourself, consider:
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Naming an alternate agent
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Requiring reporting or oversight
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Consulting a qualified estate planning attorney to draft the document carefully
And remember: as long as you’re mentally competent, you can revoke or amend the DPOA at any time.
Secure Your Future with the Law Offices of Mary E. King
At the Law Offices of Mary E. King, P.L., we help clients across Florida create estate plans that provide protection, flexibility, and peace of mind. A Durable Power of Attorney is just one part of a well-rounded plan—and we can help you craft one that reflects your specific wishes and circumstances.
We’ll ensure your document is legally valid, customized to your needs, and includes protections to minimize risk.