How to revoke a power of attorney in Florida

Words used in Florida

In Florida you name an agent for money and property in a power of attorney, and a health care surrogate for medical decisions in a separate written designation. A living will is a separate document about life-prolonging procedures. If an adult cannot manage and has no documents, a court can find the person incapacitated and appoint a guardian, but only if no alternative is enough.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property

Power of attorney; durable power of attorney (Florida Power of Attorney Act)

The person you choose

Agent (the law also covers an 'attorney in fact')

Health care

Designation of health care surrogate (health care advance directive)

Treatment wishes

Living will (written declaration)

Court-appointed decision-maker

Guardian of the person and/or of the property (plenary or limited); guardian advocate for a person with a developmental disability

What Florida law says about revoking a power of attorney

How to sign

Florida requires a revocation to be in writing.

How to revoke

Revoke it in a later power of attorney or another writing that you sign. Signing a new power of attorney does not by itself cancel an earlier one unless it says so.

Telling others

A revocation is not effective against the agent or a business relying on the power of attorney until they get written notice. Notice can be by first-class mail, personal delivery, fax or other electronic message. Notice to a bank or broker must include your name, address and the last four digits of your taxpayer ID and go to an officer or manager in Florida; it takes effect 5 business days after they receive it. An agent or business that acts in good faith without knowing of the revocation is protected.

Law: Fla. Stat. §§ 709.2110, 709.2121, 709.2109(4), 709.2119(5)

Source: Official text

Free letter: revoke a power of attorney

When it ends and how to revoke it

It ends when

• You die
• You become incapacitated, if the power of attorney is not durable
• A court finds you totally or partly incapacitated, unless the court lets the agent keep some powers
• You revoke it
• The document says it ends
• Its purpose is accomplished
• The agent dies, becomes incapacitated, resigns or is removed, and no other agent is named
• A case is filed to divorce, annul or legally separate you from the agent-spouse

Banks and other businesses

A business must accept or reject a power of attorney within a reasonable time; for a bank or broker, 4 business days is presumed reasonable for banking or investment transactions the document expressly covers. It cannot demand its own form, and it must give written reasons for a rejection. It may ask the agent for a sworn affidavit, a certified English translation, a lawyer's opinion (with written reasons) or, for remotely notarized documents, the notary's electronic journal. A business that wrongly rejects can be ordered to accept and must pay damages including attorney fees.

Law: Fla. Stat. 709.2119, 709.2120

Law: Fla. Stat. § 709.2109

Related rules in Florida

Banks, other states and real estate

Banks and other businesses

A business must accept or reject a power of attorney within a reasonable time; for a bank or broker, 4 business days is presumed reasonable for banking or investment transactions the document expressly covers. It cannot demand its own form, and it must give written reasons for a rejection. It may ask the agent for a sworn affidavit, a certified English translation, a lawyer's opinion (with written reasons) or, for remotely notarized documents, the notary's electronic journal. A business that wrongly rejects can be ordered to accept and must pay damages including attorney fees.

Law: Fla. Stat. 709.2119, 709.2120

Signed in another state

A power of attorney signed in another state is valid in Florida if it met that state's law when signed. A business may ask for a lawyer's opinion, at your expense, before accepting a power of attorney that is valid only for this reason.

Law: Fla. Stat. 709.2106(3)

Real estate

A copy usually has the same effect as the original, but the original may be required to record a document affecting title to real property. The original can be recorded with the clerk of the circuit court for the recording fee.

Law: Fla. Stat. 709.2106(5)-(6)

Health care directive in Florida

Revoking your agent

You can change or revoke a designation at any time while you have capacity: by a signed, dated writing; by destroying it yourself or having someone destroy it in your presence at your direction; by saying so out loud; or by signing a new, materially different directive.

Revoking your instructions

A living will and other advance directives are changed or revoked the same ways.

Telling others

The change or revocation takes effect when it is communicated to your surrogate, health care provider or facility. No one is liable for failing to follow a revocation they did not actually know about.

Divorce ends a spouse's authority

Yes · Divorce rules in Florida (Divorce Law Map)

Conflicting documents

If a health care surrogate designation and a power of attorney conflict, the surrogate designation controls unless the power of attorney was signed later and expressly says otherwise.

Law: Fla. Stat. 709.2109(3)(b)

Law: Fla. Stat. § 765.104

Free help in Florida

• Florida Law Help (legal aid directory)
• FloridaHealthFinder (AHCA): Health Care Advance Directives guide and forms
• Ninth Judicial Circuit: Guardianship and Guardian Advocacy

Report abuse or exploitation

Florida Abuse Hotline (Department of Children and Families, Adult Protective Services) · 1-800-962-2873

More for Florida

• Everything about powers of attorney in Florida
• Power of attorney
• Health care directive
• Guardianship
• Signing checklist
• How to revoke a power of attorney
• Agent duties