In Florida, what makes a Power of Attorney "Durable"?

Estate planning lawyers often use the term "Durable Power of Attorney" and although many people know what a Power of Attorney ("POA") is, they often do not understand what it means to say that the POA is "Durable." 

Under Florida law, if a POA is Durable, it means that its powers continue even if the person who signed it becomes incompetant or incapacitated. So, for example, if Grandma signs a Durable POA while she is mentally competant and then later develops severe dementia, the Durable POA can still be implemented even though Grandma no longer is "with it." 

In order to be "Durable," a POA in Florida must contain language stating essentially the following: 

            This Durable Power of Attorney is not terminated by my subsequent                   incapacity except as provided in Chapter 709, Florida Statutes.

The current enforceability of a Durable POA is contrasted with the archaic former laws of some states, including Florida, which said that once a person became incompetent or incapacitated, their POA was no longer enforceable. In many ways, this defeated much of the purpose for having a POA.

No Comments

Leave a comment
Comment Information
Email us for a response

We Can Resolve Your Legal Issues

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Our Location

14497 North Dale Mabry Hwy
Suite 160-N
Tampa, FL 33618

Phone: 813-280-0082 (AT)
Fax: 813-968-9426
Tampa Law Office Map