Florida Durable Power of Attorney: Why Every Adult Needs One Before a Crisis Hits
- Apr 8
- 2 min read
Most people focus on what happens to their assets after death. But what happens if you become incapacitated — through illness, injury, or cognitive decline — and can no longer manage your own affairs? A Florida Durable Power of Attorney is the legal document that gives someone you trust the authority to act on your behalf. Without one, your family may face a costly and emotionally draining guardianship proceeding in court.
What Is a Durable Power of Attorney in Florida?
A Durable Power of Attorney (DPOA) is a legal document that grants another person — called your 'agent' or 'attorney-in-fact' — broad authority to manage your financial, legal, and business affairs. The word 'durable' means it remains effective even if you become mentally incapacitated. Florida's DPOA is governed by Chapter 709 of the Florida Statutes.
What Powers Can Be Granted?
A properly drafted Florida DPOA can authorize your agent to manage bank accounts and investments, pay bills and taxes, buy or sell real estate, manage business operations, handle insurance matters, and make gifts on your behalf. Florida law requires specific language to grant certain 'superpowers' like making gifts or changing beneficiary designations — generic forms often miss these critical provisions.
What Happens Without a Durable Power of Attorney?
Without a DPOA, your family has no automatic legal authority to manage your affairs if you become incapacitated. They must petition the court for a guardianship — a process that can cost $5,000 to $15,000 or more, take months, and place your affairs under ongoing court supervision. A DPOA drafted today can prevent all of that.
Draft Your Florida DPOA with Bechert & Associates
At Bechert & Associates, P.A., we draft durable powers of attorney that are tailored to your specific circumstances and fully compliant with Florida law. Serving Pompano Beach, Fort Lauderdale, Boca Raton, and all of Broward and Palm Beach Counties — contact us today to protect yourself and your family.