Power of Attorney
Florida Durable Power of Attorney: What It Is and Why You Need One Now
A durable power of attorney in Florida is a legally binding document that gives a person you choose the authority to manage your financial and legal affairs if you become unable to do so yourself. It is one of the most important Florida estate planning documents you can sign and one of the most overlooked.
The word “durable” is critical. A standard power of attorney automatically becomes void the moment you lose mental capacity exactly when your family needs it most. A durable power of attorney includes specific language under Florida Statutes Chapter 709 that keeps the document valid even after incapacity occurs.
A durable power of attorney covers financial and legal decisions only. It does not authorize anyone to make medical decisions on your behalf. Healthcare decisions require a separate healthcare surrogate designation. Attorney Schoonover prepares both documents as part of a complete estate plan.
Court Fees With a Valid POA
A properly drafted durable POA gives your family financial authority immediately no circuit court petition, no judge, no waiting period.
Guardianship Cost Without One
Without a durable POA, Florida guardianship proceedings cost $3,000 or more just to initiate and take 2 to 4 months before any authority is granted.
Authority Granted Immediately
Your attorney-in-fact can act the same day the document is signed and notarized no activation delay, no court approval required.
Be Signed Before Incapacity
A power of attorney signed after incapacity has already occurred is not valid. This is the most important reason to create the document now, not after a health crisis begins.
What Your Attorney-in-Fact Can Do on Your Behalf
The scope of authority depends entirely on what you authorize in the document. These are the most common powers Florida families grant.
Bank Accounts & Investments
Manage bank accounts, access investment portfolios, and handle all financial transactions on your behalf.
Tax Returns & Benefits
File federal and state tax returns, apply for Social Security, Medicare, and other government benefits on your behalf.
Real Estate Transactions
Buy or sell real property, sign deeds, handle mortgage transactions, even while you are incapacitated or absent.
Business Interests
Make decisions about your business operations, contracts, and interests during any period when you are unable to act.
Bills & Living Expenses
Pay your mortgage, utilities, insurance premiums, and all other regular expenses so your financial life continues uninterrupted.
Specific Express Powers
Gifts, beneficiary designation changes, and trust creation require explicit authorization in the document, Attorney Schoonover includes the correct language for each.
What Makes a Florida Power of Attorney Legally Valid
Florida Statute §709.2105 sets out the execution requirements for a valid Florida power of attorney. A document that fails any one of these requirements will be rejected by banks, financial institutions, title companies, and courts.
Legal Capacity at Signing
You must be at least 18 years old and mentally competent at the time of signing. A power of attorney signed after incapacity has already occurred is not valid this is the most important reason to create the document before a health crisis begins.
Two Adult Witnesses Present
The principal must sign in the presence of two adult witnesses who also sign. Neither witness can be the attorney-in-fact named in the document. Witnesses who signed separately or at different times make the document invalid.
Notarization Required
Florida requires notarization. The notary and both witnesses must all be present at the same time when the principal signs. Documents executed with the witnesses and notary in separate sittings are not valid under Florida law.
Powers Must Be Specifically Listed
Under Florida's 2011 power of attorney law, a durable POA must specifically enumerate each authority granted. General blanket statements are not sufficient. Certain powers including gifts and beneficiary changes require explicit authorization and in some cases specific initialing by the principal.
She oversees the signing ceremony for every power of attorney she prepares. Witnesses, notary, sequencing, and specific authority language are all completed correctly the first time. Banks and financial institutions frequently reject POAs prepared without attorney oversight.
Getting a Power of Attorney for Your Aging Parent in South Florida
Getting a power of attorney for an elderly or aging parent is one of the most common reasons families contact this office. The situation is almost always the same: a parent’s health is declining, and the family realizes there is no legal document in place that allows anyone to step in and manage their finances.
Once a parent’s capacity is fully lost, a power of attorney can no longer be signed. At that point, a formal guardianship petition in circuit court is the only option which takes months and costs thousands of dollars. This is why acting early matters so much.
Attorney Schoonover structures every consultation to be clear and comfortable for older clients. She conducts full consultations in English and Spanish. In-person meetings are available Monday through Friday until 5:00 PM by appointment. Weekend and evening consultations after 5:00 PM are available by phone or Zoom only.
Parent Still Has Capacity
The document can be prepared quickly. As long as your parent can understand what they are signing at the time of the appointment, the POA is valid. Attorney Schoonover can often schedule within days.
Capacity Is Already Lost
A power of attorney can no longer be executed. A formal guardianship petition under Florida Statutes Chapter 744 is the only legal path forward. Attorney Schoonover handles guardianship proceedings as well.
What Happens When You Become Incapacitated Without One
Without a durable power of attorney, Florida law gives your family no automatic authority to manage your financial affairs regardless of their relationship to you.
A durable power of attorney must be signed while you still have legal capacity. There is no emergency version. There is no way to sign it retroactively. The only time to create this document is before a health crisis, not during one.
- Super Lawyers Rising Stars 2021 through 2026
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- Florida Bar #124081, admitted September 2016
Why South Florida Families Choose Attorney Schoonover
Attorney Yanitza Schoonover prepares every durable power of attorney as part of a coordinated estate plan. Your POA is reviewed alongside your healthcare surrogate, your will or trust, and your Lady Bird Deed so all documents work together and nothing is left uncovered.
Years in Estate Law
Years Licensed
Consecutive Rising Stars
Weekly Availability
Why South Florida Families Choose The Schoonover Law Firm
The Schoonover Law Firm prepares every durable power of attorney as part of a coordinated estate plan.
Attorney-Drafted Personally
Yanitza Schoonover, Florida Bar #124081, personally prepares every power of attorney.
Signing Ceremony Overseen Correctly
Every POA execution is personally overseen to ensure witness, notary, and sequencing requirements under Florida Statute §709.2105 are met the first time.
Flat Fee for Estate Planning
All fees confirmed in writing before work begins. No hourly billing. No surprise invoices after you sign.
Extended Attorney Availability
In-person Mon–Fri until 5:00 PM by appointment. Phone and Zoom consultations Mon–Sun 8:00 AM to 9:00 PM.
Bilingual, English and Spanish
Full consultations and document review available in Spanish. Hablamos español. Available seven days a week.
Every Document Coordinated
Your POA is reviewed alongside your healthcare surrogate, will, trust, and Lady Bird Deed. Nothing conflicts. Nothing is left uncovered.
Areas We Serve
The Schoonover Law Firm serves clients statewide across Florida. Attorney Yanitza Schoonover is based at 6303 Waterford District Dr, Suite 400, Miami, FL 33126 and primarily serves families in the following areas.
Miami-Dade County
Miami, Hialeah, Coral Gables, Miami Beach, Homestead, Miami Gardens, North Miami, Doral, Aventura, Cutler Bay, Palmetto Bay, Pinecrest, South Miami, Miami Lakes, North Miami Beach, Opa-locka, Sweetwater, Sunny Isles Beach, Bal Harbour, Key Biscayne, Miami Shores, Surfside, Biscayne Park, El Portal, West Miami, Virginia Gardens, Medley, Hialeah Gardens, Florida City, North Bay Village, Bay Harbor Islands, Golden Beach, Miami Springs, Islandia, Westchester, Tamiami, Kendale Lakes, The Hammocks, Fountainebleau, University Park, Olympia Heights, Gladeview, Leisure City, Naranja, Princeton, Three Lakes, Country Club, Kendall
Broward County
Fort Lauderdale, Plantation, Hollywood, Pembroke Pines, Miramar, Coral Springs, Pompano Beach, Davie, Deerfield Beach, Sunrise
Palm Beach County
Boca Raton, West Palm Beach, Delray Beach, Boynton Beach, Lake Worth, Wellington, Greenacres
Attorney Yanitza Schoonover serves all South Florida. Call (305) 299-7496 for any Florida location not listed.
Frequently Asked Questions About Florida Powers of Attorney
What is the difference between a regular and a durable power of attorney in Florida?
A regular power of attorney automatically becomes void if the principal loses mental capacity. A durable power of attorney includes specific language that keeps it in effect even after incapacity occurs. For incapacity planning purposes, you almost always want a durable POA. A non-durable POA is typically used only for specific limited transactions, such as authorizing someone to close on a real estate sale while you are traveling.
Can I create a power of attorney for my aging parent if they already have dementia?
It depends on the level of cognitive decline. A person can sign a power of attorney in Florida as long as they have legal capacity at the moment of signing. If your parent still has moments of clarity and can understand what they are signing, it may still be possible. If capacity is fully lost, a power of attorney can no longer be executed and a guardianship proceeding is the only path. Attorney Schoonover can advise you based on your parent’s specific situation.
Can my attorney in fact use the power of attorney to change my will?
No. A power of attorney does not give the attorney in fact the authority to create or change a will or revocable trust on the principal’s behalf. A power of attorney covers financial and legal transactions. Changes to a will or trust require a separate legal process and the principal’s own signature while they have capacity.
Does a power of attorney need to be recorded in Florida?
Recording is not required for a Florida power of attorney to be valid. However, if the attorney in fact needs to use the document for real estate transactions, the POA may need to be recorded with the county clerk. Attorney Schoonover advises on recording requirements based on how the document will be used.
Does Florida honor powers of attorney signed in another state?
Generally yes. Florida Statute §709.2106 provides that a power of attorney validly executed under the laws of another state is valid in Florida. However, if you have moved to Florida, Attorney Schoonover recommends having your existing document reviewed to confirm it meets Florida’s specific language requirements, particularly for financial institutions that may be unfamiliar with out-of-state document formats.
Do you offer power of attorney consultations in Spanish?
Yes. All consultations and document preparation are fully available in Spanish. Hablamos español. Llámenos al (305) 299-7496.
Ready to Protect Your Finances Before a Crisis Forces a Court Proceeding?
Call (305) 299-7496 or email info@estateplanningattorney.us. Attorney Schoonover reviews your situation, identifies the powers you need, and confirms whether a successor agent is needed before the document is drafted. A flat fee quote is delivered before any work begins.
Attorney Schoonover also prepares healthcare surrogate designations, living wills, wills, revocable living trusts, and Lady Bird Deeds as part of a complete Florida estate plan all coordinated so no document conflicts with another.
Start With a Free Consultation
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Email info@estateplanningattorney.us
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Schedule a Free Consultation at estateplanningattorney.us
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In-person meetings by appointment only.
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English and Spanish, Hablamos Español
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Flat fee for estate planning, fee quote provided before any work begins
