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Durable Power of Attorney: Understanding the Authority You Can Grant

July 1, 2026

Planning for the future is essential, especially for seniors who want to maintain control over their finances and legal matters. A Durable Power of Attorney (DPOA) is a critical tool that lets you choose someone you trust to act on your behalf if you become unable to make decisions.

What is a DPOA?
A Durable Power of Attorney (DPOA) is a written document that allows a person (the principal) to designate another person (the agent) to act on their behalf.

A DPOA remains effective even if the principal later becomes incapacitated.

What Can Your Agent Do?

Depending on the powers granted in the document, an agent may be authorized to:

  • Pay bills
  • Access bank accounts
  • Manage financial transactions
  • Handle insurance matters

The authority granted depends on the specific language in the DPOA.

A DPOA may authorize an agent to:

  • Buy or sell property
  • Manage real estate
  • Sign documents
  • Handle property-related transactions

Only powers specifically authorized under Florida law may be exercised.

Important Limitation:
A Durable Power of Attorney does not automatically give authority over healthcare decisions.

Healthcare decisions are typically addressed through a separate legal document known as a Designation of Healthcare Surrogate.

Why Planning Matters:
Without advance planning documents, family members may need to seek court involvement to manage certain affairs if a person becomes incapacitated.

Florida law encourages consideration of less restrictive alternatives whenever possible.

Understanding your options is the first step.

Learn more about Durable Powers of Attorney, healthcare surrogates, and guardianship through trusted legal education resources by visiting FRLS.org/elderlaw.