Doesn't my spouse have automatic authority?

No. Florida is not a community property state, and being married doesn't grant your spouse legal authority over your separate accounts, your business, or your individually-titled property. Without a POA, even your spouse needs court appointment.

Can my agent steal from me?

It's a real concern — POA agents have substantial power. We draft accountability provisions: requirements to keep records, limits on self-dealing, springing notification to a third party, etc. Choosing the right agent matters more than legal language, but legal language matters too.

What if I name two adult children as co-agents?

Generally not recommended. Co-agents can disagree, deadlock, or one can be unreachable when an urgent decision is needed. Better: one primary, one successor. We discuss the tradeoffs on the consult.

When does the POA end?

At your death. The POA gives no authority over the estate — your personal representative takes over from there. The agent's job ends when yours does.

← Will & Trust

Every adult — really. Most overlooked critical document.

Durable Power of Attorney

Authorize someone to handle your finances if you can't.

A durable power of attorney (POA) authorizes a trusted person to handle your financial affairs if you become incapacitated. Without one, your family has to petition a court for guardianship — typically 3–6 months and $5,000–$15,000 — to do something as simple as pay your mortgage or sell a stock.

"Durable" is the critical word. A regular power of attorney becomes invalid the moment you can't make decisions yourself — exactly when you need it most. A durable POA stays in force through incapacity, only ending at your death. Every Florida adult should have one. Almost nobody under 60 does.

Florida significantly updated its POA statute in 2011, and a lot of older POAs (or POAs from other states) don't work properly here anymore. If yours is from before 2011 or from another state, it's worth getting a Florida-current one drafted.

The fit

Who qualifies

Every adult — yes, including healthy 25-year-olds
Anyone with a Florida POA from before 2011
Anyone who moved to Florida from another state with a POA still in their old state's format
Anyone whose named agent has died, divorced, or had a falling-out
Anyone who's about to undergo significant medical procedure or travel internationally

The work

What we handle

Your flat fee covers everything below. No surprise invoices, no “billable hours” anxiety — the price is the price.

30-minute call to identify the right structure (single agent, co-agents, springing vs. immediate)
Florida-current durable POA drafted in 3–5 business days
Specific powers tailored to your situation (real estate, business, gifts, retirement)
Two-witness, notarized signing meeting
Plain-English memo for your agent — what they can/can't do
Optional: healthcare surrogate companion at discount

The process

How it works, step by step

01
Discovery call (free, 30 min)
We identify your agent(s), the powers they need, and any limitations you want. Most calls are quick — POA is one of our simpler engagements.
We handleHonest about whether you actually need a POA or just an updated one.
02
Draft within a week
Plain-English POA + agent memo. We highlight the unusual provisions so your agent understands their authority.
We handleEncrypted portal. Quick turnaround on questions.
03
Signing meeting (30 min)
Two witnesses + notary, our office or mobile. You sign, your agent receives a copy.
We handleMobile notary available. Some clients sign by remote online notarization.

The pitfalls

What we watch for

Easy on people, tough on problems. These are the things that catch families off guard — we've seen them all and we plan around them.

Using an out-of-state or pre-2011 POA. Florida banks and title companies often refuse them. Fixing it after incapacity isn't possible.
Springing POAs. A "springing" POA only kicks in upon proven incapacity — sounds smart but creates a chicken-and-egg problem. By the time you've proven incapacity, the family has lost months. We almost always recommend immediate ("presently effective") POAs.
Naming a single agent with no successor. If they predecease you or can't serve, you're back to court-appointed guardianship.
Naming co-agents who must agree. Sounds safe but creates deadlock. Better: one agent, one successor.
Banks and brokerages refusing valid POAs. Some institutions still demand their own form. Florida law has tightened on this (FS 709.2120) — refusal of a valid statutory POA can be grounds for damages. We give your agent a guidance memo for handling refusals.

The FAQ

Questions families ask us

Incapacity doesn't wait for old age. Car accidents, sudden strokes, COVID-style illnesses can hit anyone. Without a POA, your spouse or parent has to go through guardianship court to do anything in your name. That's 3–6 months and $5,000+ during exactly the wrong time.

— From Rachel

The POA is the most under-appreciated document in estate planning. It's $250, takes a week, and may be the most important paper in your file if life takes an unexpected turn. We'll get it done quickly and cleanly — and we hope you never need it.