Florida Limited Power of Attorney
A Florida Limited Power of Attorney form can be so narrow that it only lets someone pick up your mail but not give them responsibility for your regular care. A limited POA can permit someone to collect rent from renters on your behalf while denying them the authority to pay your bills. The agent only has the authority granted in the Power of Attorney instructions.
If you have not already accustomed yourself to a POA document, you may read more about Florida Power of Attorney documents on the home page.
Durable power of attorney documents can be so broad that someone can handle both your personal care and legal affairs. In contrast, a medical power of attorney is limited to give the agent only the ability to handle medical decisions.
Types of Limited POA
A non-durable Limited Power of Attorney form can be set up for a specific event, such as handling a business deal on your behalf or run your business while you are on an extended vacation. One of the most common limited POA forms is for the sale of real estate.
A non-durable Limited Power of Attorney Agreement is only in effect while you are alive and competent. A limited POA expires when you are found to be incompetent, and Florida law requires this determination to be made by a licensed physician. In contrast, a Durable Power of Attorney form is good for life until it is revoked or expires.
A Medical Power of Attorney form is a type of a limited power of attorney since it restricts the agent to medical decisions. However, you can name the same person as an agent in multiple POA documents.
Validity of a Limited Power of Attorney Document in Florida
More recent Limited POA forms take precedence over older ones. A limited medical POA might not be valid at all if it did not have legally required witnesses, such as someone in a nursing home having the signature of the health care proxy form witnessed by a social worker or witness from Florida Elder Affairs.
The real estate limited POA agent is further restricted if selling your own home. In Florida, the agent cannot sell your home if you are married and your spouse has opposed the sale.
A limited power of attorney form such as a real estate POA is valid if you are incapacitated. Florida law also keeps limited POA forms in effect if the principal is diagnosed with dementia or incapacitated. The only other states that keep limited POAs in effect when the principal is incapacitated are New York, California, and Pennsylvania. However, the principal must be considered competent to sign the POA form.
A court-appointed guardian for an incapacitated person may not be able to execute a limited POA. If a limited POA form is signed after the court appoints a guardian, it is not valid. If the court has received a guardianship petition, the agent’s authority is suspended until the guardianship petition is dismissed or the guardian takes over. The only exception to this rule is a durable power of attorney and a limited medical POA signed when the person was competent, which will remain in effect.
When Authority is Lost
Florida does not let an agent named in a POA delegate responsibility to someone else, only resign from the position and let another agent such as the alternate take over responsibility. If you die, all your Limited Power of Attorney agents lose their authority to act on your behalf.