The Short Answer

In Florida, a power of attorney (POA) agent can lose authority in several ways: the principal can revoke the POA in writing, the agent can resign, or a court can remove the agent. If the principal may be incapacitated or there are concerns about misuse, court involvement (often tied to guardianship proceedings) may be necessary to protect the principal and stop harmful transactions.

What Florida Law Says

Florida’s Power of Attorney Act (Chapter 709) lays out when a POA ends, when an agent’s authority ends, and when a court can step in to review the agent’s conduct and remove them. The key legal issue is usually whether the principal still has capacity to revoke the POA, and if not, whether a court should intervene to suspend or terminate the agent’s authority.

The Statute

The primary law governing court removal and review of a POA agent is Fla. Stat. § 709.2116.

This statute authorizes a court to review an agent’s conduct and grant relief, including terminating the agent’s authority and removing the agent, when a proper petition is filed.

Related statutes also matter in many “remove the POA” situations, including:

• Fla. Stat. § 709.2110 (revocation by the principal in a signed writing).
• Fla. Stat. § 709.2109 (events that terminate or suspend the POA or the agent’s authority, including removal by a court).
• Fla. Stat. § 709.2118 (agent resignation by notice, unless the POA provides a different method).

If your question is really about changing the agent (not just stopping misconduct), you may also want to read: Can I Change or Revoke a Power of Attorney After It’s Signed in Florida?. And if you’re dealing with what happens after death, see: Does a Power of Attorney Still Have Authority After Death in Florida?.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to a real family situation can get complicated quickly—especially when money is moving, capacity is in question, or banks and other third parties are involved. Legal outcomes often depend on:

• Strict Deadlines and “damage control” timing: Even if a POA is revoked or an agent is later removed, Florida law can protect actions taken by an agent who acted in good faith without knowledge of the termination or suspension. See Fla. Stat. § 709.2109(4).
• Burden of proof and evidence: If the dispute involves self-dealing or conflicts of interest, the facts and documentation matter, and the court can shift burdens in certain conflict situations. See Fla. Stat. § 709.2116.
• Incapacity and guardianship overlap: If a guardianship/incapacity case is filed, the POA can be suspended under Florida law depending on who the agent is and what motions are filed, which can dramatically change who has legal authority right now. See Fla. Stat. § 709.2109(3).

Trying to handle a POA removal dispute without counsel can lead to preventable harm—like continued withdrawals, property transfers, or a court petition being denied due to technical issues. A Florida probate attorney can evaluate capacity, the POA’s language, available court remedies, and the fastest way to protect the principal.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.