Florida Statutes Part II - Powers Of Attorney (Ss. 709.2101-709.2402)

• 709.2101 - Short Title.
  This part may be cited as the “Florida Power of Attorney Act.”History.—s. 3, ch. 2011-210.
• 709.2102 - Definitions.
  As used in this part, the term:(1) “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an...
• 709.2103 - Applicability.
  This part applies to all powers of attorney except:(1) A proxy or other delegation to exercise voting rights or management rights with respect to an entity;(2) A...
• 709.2104 - Durable Power Of Attorney.
  Except as otherwise provided under this part, a power of attorney is durable if it contains the words: “This durable power of attorney is not...
• 709.2105 - Qualifications Of Agent; Execution Of Power Of Attorney.
  (1) The agent must be a natural person who is 18 years of age or older or a financial institution that has trust powers, has a...
• 709.2106 - Validity Of Power Of Attorney.
  (1) A power of attorney executed on or after October 1, 2011, is valid if its execution complies with s. 709.2105.(2) A power of attorney executed before...
• 709.2107 - Meaning And Effectiveness Of Power Of Attorney.
  The meaning and effectiveness of a power of attorney is governed by this part if the power of attorney:(1) Is used in this state; or(2) States that...
• 709.2108 - When Power Of Attorney Is Effective.
  (1) Except as provided in this section, a power of attorney is exercisable when executed.(2) If a power of attorney executed before October 1, 2011, is conditioned...
• 709.2109 - Termination Or Suspension Of Power Of Attorney Or Agent’s Authority.
  (1) A power of attorney terminates when:(a) The principal dies;(b) The principal becomes incapacitated, if the power of attorney is not durable;(c) The principal is adjudicated totally or partially...
• 709.2110 - Revocation Of Power Of Attorney.
  (1) A principal may revoke a power of attorney by expressing the revocation in a subsequently executed power of attorney or other writing signed by the...
• 709.2111 - Co-agents And Successor Agents.
  (1) A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority...
• 709.2112 - Reimbursement And Compensation Of Agent.
  (1) Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal.(2) Unless the power of...
• 709.2113 - Agent’s Acceptance Of Appointment.
  Except as otherwise provided in the power of attorney, a person accepts appointment as an agent by exercising authority or performing duties as an agent...
• 709.2114 - Agent’s Duties.
  (1) An agent is a fiduciary. Notwithstanding the provisions in the power of attorney, an agent who has accepted appointment:(a) Must act only within the scope of...
• 709.2115 - Exoneration Of Agent.
  A power of attorney may provide that the agent is not liable for any acts or decisions made by the agent in good faith and...
• 709.2116 - Judicial Relief; Conflicts Of Interests.
  (1) A court may construe or enforce a power of attorney, review the agent’s conduct, terminate the agent’s authority, remove the agent, and grant other appropriate...
• 709.2117 - Agent’s Liability.
  An agent who violates this part is liable to the principal or the principal’s successors in interest for the amount required to:(1) Restore the value of...
• 709.2118 - Agent’s Resignation.
  Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving notice to the principal, to the...
• 709.2119 - Acceptance Of And Reliance Upon Power Of Attorney.
  (1)(a) A third person who in good faith accepts a power of attorney that appears to be executed in the manner required by law at the...
• 709.2120 - Rejecting Power Of Attorney.
  (1) A third person must accept or reject a power of attorney within a reasonable time. Four days, excluding Saturdays, Sundays, and legal holidays, are presumed...
• 709.2121 - Notice.
  (1) A notice, including a notice of revocation, notice of partial or complete termination by adjudication of incapacity or by the occurrence of an event referenced...
• 709.2201 - Authority Of Agent.
  (1) Except as provided in this section or other applicable law, an agent may only exercise authority specifically granted to the agent in the power of...
• 709.2202 - Authority That Requires Separate Signed Enumeration.
  (1) Notwithstanding s. 709.2201, an agent may exercise the following authority only if the principal signed or initialed next to each specific enumeration of the authority,...
• 709.2208 - Banks And Other Financial Institutions.
  (1) A power of attorney that includes the statement that the agent has “authority to conduct banking transactions as provided in section 709.2208(1), Florida Statutes” grants...
• 709.2301 - Principles Of Law And Equity.
  The common law of agency and principles of equity supplement this part, except as modified by this part or other state law.History.—s. 27, ch. 2011-210.
• 709.2302 - Laws Applicable To Financial Institutions And Entities.
  This part does not supersede any other law applicable to financial institutions or other entities, and that law controls if inconsistent with this part.History.—s. 28,...
• 709.2303 - Remedies Under Other Law.
  The remedies under this part are not exclusive and do not abrogate any right or remedy under any other law other than this part.History.—s. 29,...
• 709.2401 - Relation To Electronic Signatures In Federal Law.
  This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. s. 7001 et seq., but does not...
• 709.2402 - Effect On Existing Powers Of Attorney.
  Except as otherwise provided in this part:(1) With respect to formalities of execution, this part applies to a power of attorney created on or after October...

Last modified: September 23, 2016