What powers does a financial power of attorney grant my agent if I ever become unable to manage my finances? - Florida
The Short Answer
In Florida, your agent only gets the financial powers you specifically grant in your power of attorney—broad “do anything I can do” language generally is not enough. If your document is a durable power of attorney, those granted powers can continue to be used even if you later become incapacitated.
What Florida Law Says
Florida’s Power of Attorney Act is strict about what an agent may do. As a general rule, an agent may only exercise authority that is specifically granted in the document (plus what is reasonably necessary to carry out those specific grants). Florida law also identifies certain actions an agent cannot do at all (for example, an agent cannot make or revoke your will).
If your concern is “what happens if I become unable to manage finances,” the key is whether your document is durable—meaning it is intended to remain effective despite later incapacity.
The Statute
The primary law governing this issue is Fla. Stat. § 709.2201.
This statute establishes that your agent may only use powers that are specifically granted in the power of attorney (and it also lists important limits—such as that an agent cannot execute or revoke a will for you).
For many people, the most practical “financial POA” powers involve banking and investments. Florida law spells out what those powers can include when the document uses the statutory grant language for those categories, such as opening/closing accounts, withdrawing funds, endorsing checks, using lines of credit, and handling certain investment transactions. See, for example, Fla. Stat. § 709.2208.
Finally, if you want the authority to continue after incapacity, durability language matters. Florida’s durability rule is set out in Fla. Stat. § 709.2104.
Why You Should Speak with an Attorney
While the statutes provide the general rule, applying them to your life and assets is rarely simple. Legal outcomes often depend on:
- Strict limits on “general” language: Florida law warns that broad, generic grants (like “my agent can do all acts I can do”) generally do not grant authority unless the power is specifically identified. See Fla. Stat. § 709.2201(1).
- Burden of proof and third-party pushback: Banks and other institutions often require the POA to match statutory category language (for example, banking/investment powers) and may refuse transactions if the authority is unclear—creating delays when you need help most. See Fla. Stat. § 709.2208.
- Incapacity/guardianship complications: If a guardianship proceeding is filed, the agent’s authority can be suspended or limited depending on the circumstances and court orders. See Fla. Stat. § 709.2109.
Because the stakes are high (access to accounts, paying bills, protecting assets, and avoiding guardianship), it’s worth having a Florida probate attorney review the exact powers you’re granting and how they will work in real-world transactions.
If you want more background reading, see: Guardianship vs. Durable Power of Attorney in Florida and How to choose and appoint a health care surrogate and financial power of attorney in Florida.
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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.