• Florida law governs Power of Attorney.florida adventure image by feisty from Fotolia.com
  
  When someone wants another person to make decisions on their behalf, it is not uncommon for them to use the provisions of a Power of Attorney. Powers of Attorney are legal documents granting authority from one person to another. Like other states, Florida has specific laws and regulations governing how Powers of Attorney can be created, when they are effective, and how they can be limited.
  
  

Terminology

• Florida law recognizes that the person granting power is generally called a "principal." The principal grants the Power of Attorney to the "attorney-in-fact," or as it is sometimes referred to, the "agent." While Florida law recognizes many kinds of agents, not all agents have Power of Attorney. Further, anyone granted Power of Attorney does not have to be a lawyer.
  
  

Limited vs. General

• Power of Attorney is typically either limited or general. Limited Power of Attorney simply means there are conditions and limitations on the kinds of decisions the agents can make on behalf of the principal. General Power of Attorney is a very broad power that is usually given only in very specific circumstances, such as incapacitation or death of the principal.
  
  

Durability

• Florida law recognizes that Power of Attorney can be durable. This means that the agents can continue in his capacity if the principal dies. Non-durable Power of Attorney terminates as soon as the principal dies.
  
  

Limitations on Power of Attorney

• Power of Attorney allows the agents to act only as far as the document allows. Principals can place whatever restrictions or limitations on the Power of Attorney as they wish. Some of these limitations may include financial, personal, medical health, business, or any other terms the principal wishes. These limitations must be included in the written document granting Power of Attorney. Florida law requires that a principle must be competent at the time of signing the Power of Attorney for it to be valid and enforceable.
  
  

Limitations on the Attorney-in-Fact

• Florida law limits the attorney-in-fact from acting as a lawyer unless they are licensed to practice law in the state of Florida. They cannot create, revoke, or modify a will, vote in an election or perform contractually obligated services entered into by the principal, on the principle's behalf.