What Financial Powers Can My Agent Use Under a Durable Power of Attorney in Florida If I Become Incapacitated? | Florida Probate | FastCounsel
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What Financial Powers Can My Agent Use Under a Durable Power of Attorney in Florida If I Become Incapacitated?

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.

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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.