Florida’s new Power of Attorney Act contained in the Florida Statute, Chapter 709, went into effect October 1, 2011. The new statute will affect how attorneys draft, utilize, and enforce powers of attorney (“POA”). Some of the more significant provisions of this new legislation are discussed below.

What is a POA? A Power of Attorney is a writing in which an individual (the “principal”) grants authority to another individual (the “agent”) to act in place of the principal; each act performed by the agent pursuant to the Power of Attorney has the same effect and benefit to the principal and the principal’s successors in interest as if the principal had performed the act himself.

Why have a POA?

Having an executed Power of Attorney is important in situations where an accident or illness renders an individual incapable of making decisions for themselves. By having an attorney prepare a Power of