Title XL, Real and Personal Property

Powers of appointment referred to in this law shall include not only those recognized as such by general law but also those designated as such under the tax law of the United States.History.—s. 5, ch. 23007, 1945.

No such release, in whole or in part, of a power of appointment shall affect the title to property of any bona fide purchaser for value who does not have notice or knowledge of such release.History.—s. 7, ch. 23007, 1945.

This part may be cited as the “Florida Power of Attorney Act.”History.—s. 3, ch. 2011-210.

As used in this part, the term:(1) “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney in fact, or otherwise. The term includes an original agent, co-agent, and successor agent.(2) “Another state” means…

This part applies to all powers of attorney except:(1) A proxy or other delegation to exercise voting rights or management rights with respect to an entity;(2) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a gover…

Except as otherwise provided under this part, a power of attorney is durable if it contains the words: “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes,” or similar words that show the …

(1) The agent must be a natural person who is 18 years of age or older or a financial institution that has trust powers, has a place of business in this state, and is authorized to conduct trust business in this state.(2) A power of attorney must be signed by the principal and by…

(1) A power of attorney executed on or after October 1, 2011, is valid if its execution complies with s. 709.2105.(2) A power of attorney executed before October 1, 2011, is valid if its execution complied with the law of this state at the time of execution.(3) A power of attorne…

The meaning and effectiveness of a power of attorney is governed by this part if the power of attorney:(1) Is used in this state; or(2) States that it is to be governed by the laws of this state.History.—s. 9, ch. 2011-210.

(1) Except as provided in this section, a power of attorney is exercisable when executed.(2) If a power of attorney executed before October 1, 2011, is conditioned on the principal’s lack of capacity and the power of attorney has not become exercisable before that date, the power…

(1) A power of attorney terminates when:(a) The principal dies;(b) The principal becomes incapacitated, if the power of attorney is not durable;(c) The principal is adjudicated totally or partially incapacitated by a court, unless the court determines that certain authority grant…

(1) A principal may revoke a power of attorney by expressing the revocation in a subsequently executed power of attorney or other writing signed by the principal. The principal may give notice of the revocation to an agent who has accepted authority under the revoked power of att…

(1) A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently.(2) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes inca…

(1) Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal.(2) Unless the power of attorney otherwise provides, a qualified agent is entitled to compensation that is reasonable under the ci…

Except as otherwise provided in the power of attorney, a person accepts appointment as an agent by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. The scope of an agent’s acceptance is limited to those aspects of t…

(1) An agent is a fiduciary. Notwithstanding the provisions in the power of attorney, an agent who has accepted appointment:(a) Must act only within the scope of authority granted in the power of attorney. In exercising that authority, the agent:1. May not act contrary to the pri…

A power of attorney may provide that the agent is not liable for any acts or decisions made by the agent in good faith and under the power of attorney, except to the extent the provision:(1) Relieves the agent of liability for breach of a duty committed dishonestly, with improper…

(1) A court may construe or enforce a power of attorney, review the agent’s conduct, terminate the agent’s authority, remove the agent, and grant other appropriate relief.(2) The following persons may petition the court:(a) The principal or the agent, including any nominated succ…

An agent who violates this part is liable to the principal or the principal’s successors in interest for the amount required to:(1) Restore the value of the principal’s property to what it would have been had the violation not occurred; and(2) Reimburse the principal or the princ…

Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving notice to the principal, to the guardian if the principal is incapacitated and one has been appointed for the principal, and to any co-agent, or if none, the next su…

(1)(a) A third person who in good faith accepts a power of attorney that appears to be executed in the manner required by law at the time of its execution may rely upon the power of attorney and the actions of the agent which are reasonably within the scope of the agent’s authori…

(1) A third person must accept or reject a power of attorney within a reasonable time. Four days, excluding Saturdays, Sundays, and legal holidays, are presumed to be a reasonable time for a financial institution or broker-dealer to accept or reject a power of attorney with respe…

(1) A notice, including a notice of revocation, notice of partial or complete termination by adjudication of incapacity or by the occurrence of an event referenced in the power of attorney, notice of death of the principal, notice of suspension by initiation of proceedings to det…

(1) Except as provided in this section or other applicable law, an agent may only exercise authority specifically granted to the agent in the power of attorney and any authority reasonably necessary to give effect to that express grant of specific authority. General provisions in…

(1) Notwithstanding s. 709.2201, an agent may exercise the following authority only if the principal signed or initialed next to each specific enumeration of the authority, the exercise of the authority is consistent with the agent’s duties under s. 709.2114, and the exercise is …

(1) A power of attorney that includes the statement that the agent has “authority to conduct banking transactions as provided in section 709.2208(1), Florida Statutes” grants general authority to the agent to engage in the following transactions with financial institutions withou…

(1) For purposes of this section, “supported decisionmaking agreement” means an agreement in which the power of attorney grants an agent the authority to receive information and to communicate on behalf of the principal without granting the agent the authority to bind or act on b…

The common law of agency and principles of equity supplement this part, except as modified by this part or other state law.History.—s. 27, ch. 2011-210.

This part does not supersede any other law applicable to financial institutions or other entities, and that law controls if inconsistent with this part.History.—s. 28, ch. 2011-210.

The remedies under this part are not exclusive and do not abrogate any right or remedy under any other law other than this part.History.—s. 29, ch. 2011-210.

This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. s. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act, or authorize electronic delivery of any of the notices described in s. 103(…

Except as otherwise provided in this part:(1) With respect to formalities of execution, this part applies to a power of attorney created on or after October 1, 2011.(2) With respect to all matters other than formalities of execution, this part applies to a power of attorney regar…