Durable Power of Attorney in Florida: Why Life Changes Should Trigger a Review

Life rarely stands still. We get married, welcome children, relocate, lose loved ones, and sometimes experience unexpected transitions like divorce or illness. Each of these milestones can quietly impact one of the most important legal documents in your estate plan: your Durable Power of Attorney (DPOA).

If you live in Bradenton, Sarasota, or anywhere in Florida, understanding when and why to update your Durable Power of Attorney can prevent unnecessary court involvement, protect your finances, and give your loved ones clarity during stressful moments.

Let’s walk through what a Durable Power of Attorney does, what it does not do, and the life events that should prompt a review.

What Is a Durable Power of Attorney in Florida?

A Durable Power of Attorney is a legal document that allows you (the principal) to appoint someone you trust (your agent) to manage financial and legal matters if you are unable to do so yourself.

In Florida, a properly drafted Durable Power of Attorney remains effective even if you become incapacitated. This allows your agent to continue paying bills, managing accounts, handling property, and addressing legal matters without court intervention.

Without a valid DPOA in place, your family may need to pursue a guardianship — a time-consuming and costly court process that removes control from your loved ones and places it under judicial oversight.

Legal document representing power of attorney in Florida

What a Durable Power of Attorney Does — and Does NOT Do

A Durable Power of Attorney CAN:

• Manage bank accounts and investments

• Pay bills and taxes

• Handle real estate transactions (if properly authorized)

• Work with financial institutions and government agencies

• Support long-term planning, including Medicaid strategies (when properly drafted)

A Durable Power of Attorney CANNOT:

• Make medical decisions (that requires a Health Care Surrogate designation)

• Change your Will or Trust

• Vote on your behalf

• Continue after your death

👉 Important: A Power of Attorney automatically ends when the principal dies. After death, authority transfers to the Personal Representative named in a Will or Trustee under a Trust — not the agent under the DPOA.

Life Stages That Should Trigger a Power of Attorney Review

1. Marriage

Marriage does not automatically give your spouse legal authority to manage your finances or property if you become incapacitated.

If your Power of Attorney was created before marriage, your spouse may not be named — and an outdated agent could retain authority unless updated. Newly married couples should create or revise Durable Powers of Attorney and Health Care Surrogates to reflect their wishes and add appropriate backup agents.

2. Having a Baby

A new child often shifts priorities, guardianship planning, and financial protection goals.

While a Durable Power of Attorney governs your finances, parents often also need:

• Temporary Minor Powers of Attorney for childcare authority when needed

• Updated beneficiaries and successor agents

• Clear backup planning if both parents become incapacitated

This is a natural time to revisit the entire estate plan.

3. Divorce or Separation

In Florida, filing for divorce automatically revokes a spouse’s authority under a Power of Attorney. However, third parties (like banks) may still rely on the old document unless formally notified and replaced.

This creates risk during emotionally charged transitions. Updating your documents immediately protects you from unintended access or confusion.

Notary public validating a durable power of attorney document

4. Death or Incapacity of Your Agent

If your named agent passes away, becomes ill, or is no longer able to serve — and no successor agent is named — your Power of Attorney may become ineffective.

That gap can force family members into court to obtain authority. Always name at least one (preferably two) backup agents and revisit the document when circumstances change.

5. Relocating or Moving to Florida

Many clients move to Florida with Powers of Attorney created in another state. While Florida may recognize an out-of-state document, practical problems often arise:

• Banks and title companies may reject unfamiliar formats

• Florida requires two witnesses and a notary

• Real estate powers may not comply with Florida recording standards

• Medicaid planning requires very specific authority language

If you recently moved to Bradenton, Sarasota, or elsewhere in Florida, having a Florida-compliant Durable Power of Attorney avoids delays and frustration.

6. Time Alone — Even Without Major Life Changes

Even if nothing dramatic has happened, documents should still be reviewed every 5–10 years. Financial institutions frequently question older Powers of Attorney, and laws evolve over time.

If your agent choices, family relationships, assets, or goals have shifted — it’s time for an update.

Choosing the Right Agent Matters

Your agent will have access to your finances and legal authority when you are most vulnerable.

Choose someone who is:

• Trustworthy

• Organized and financially responsible

• Willing to serve

• Capable of working with professionals

• Able to handle stress and communication

Naming a backup agent protects against unexpected changes.

Why Work with a Florida Elder Law Attorney?

Online forms rarely address:

• Florida statutory requirements

• Medicaid planning authority

• Homestead restrictions

• Banking acceptance issues

• Real-world administration problems

At Worley Elder Law, we tailor Durable Powers of Attorney to your life stage, family dynamics, and long-term goals — ensuring your documents actually work when needed.

Peaceful neighborhood representing security and planning in Florida

Ready to Review Your Durable Power of Attorney?

Whether you’ve recently married, welcomed a child, relocated to Florida, or simply want peace of mind, reviewing your Durable Power of Attorney is one of the smartest preventive steps you can take.

If you’re in Bradenton, Manatee County, or Sarasota County, our team is happy to help you ensure your plan reflects your life today — and protects you tomorrow.

Caring Guidance for Life’s Transitions.