What makes a Florida power of attorney 'durable'?
Durable just means it survives your incapacity — but only if the document says so in the exact words Florida law requires.
A Florida power of attorney is "durable" only if it contains specific statutory language stating the agent's authority continues even if you become incapacitated (F.S. §709.2108). Without that language, a POA automatically ends the moment you lose capacity — exactly when many people need it most. Execution itself is the same either way: signed by the principal, two witnesses, and a notary (F.S. §709.2105).
What durability actually means
Florida abolished "springing" powers of attorney — ones that only take effect on a future event like incapacity — for documents signed on or after October 1, 2011. Every Florida POA is effective immediately upon signing. Durability is a separate question: whether the agent's authority continues if you later become incapacitated. Without the specific statutory durability language, a POA terminates automatically at that point (F.S. §709.2108).
Execution requirements
Execution is the same whether or not the POA is durable: signed by the principal, in the presence of two subscribing witnesses, and acknowledged before a notary public (F.S. §709.2105). If the principal is physically unable to sign, the notary may sign the principal's name in the principal's presence and at their direction.
Who signs
- The principal signs (or directs the notary to sign, if physically unable)
- Two adult witnesses sign, attesting the principal appeared to be of sound mind and acting voluntarily
- The notary completes the acknowledgment
Preparation checklist
- The completed, unsigned power of attorney — confirm it has the durability language if that's what you want
- One current government-issued photo ID
- Two witnesses lined up, in person or for the live RON session
- RON only: working webcam, stable internet, smartphone or tablet for credential analysis
Frequently asked questions
What makes a power of attorney 'durable' in Florida?
Specific statutory language stating the agent's authority continues even after the principal becomes incapacitated (F.S. §709.2108). Without it, the POA ends automatically at that point.
Does Florida still allow springing powers of attorney?
No. For documents signed on or after October 1, 2011, Florida requires every power of attorney to be effective immediately upon signing (F.S. §709.2108) — it can't spring into effect only upon a future incapacity.
Is the notarization requirement different for a durable POA?
No. Execution is the same either way — the principal's signature, two witnesses, and a notary's acknowledgment (F.S. §709.2105). What changes is whether the document's own language keeps it in effect after incapacity.
Can EMC notarize a durable POA remotely?
Yes, by RON, with the same legal weight as an in-person notarization.
Does EMC draft the durability language?
No. What powers to grant and whether to make it durable are legal-sufficiency decisions — deciding them is the unauthorized practice of law for a notary. Bring the completed document; an attorney can draft or review it.