People often like the idea of a “springing” power of attorney—one that only takes effect if they become incapacitated. In Florida, though, that option has mostly gone away.
What each term means
A durable power of attorney is effective as soon as it is signed and stays valid through incapacity. A springing power of attorney was designed to “spring” into effect only once a doctor certified the person as incapacitated.
Florida’s rule
Since a 2011 change in the law, Florida no longer allows new springing powers of attorney (with narrow exceptions, such as certain military powers). A Florida POA signed today is effective immediately. Springing powers validly created before the change may still be honored.
Why immediate isn’t scary
An immediately-effective POA avoids the delay and hassle of proving incapacity during an emergency. The real safeguard is naming an agent you trust and defining their powers clearly. Contact Hochberger Law to set yours up correctly.
This article is general information about Florida law, not legal advice. Please consult a Florida attorney about your specific circumstances.