If you have a Florida power of attorney (“POA”) and you are wondering when it terminates, Florida Statute 709.2109 covers the circumstances that would terminate a POA:
• You die.
• You become incapacitated and the POA is not durable.
• You are declared totally or partially incapacitated by a court, unless the court determines that certain authority granted by the POA should remain exercisable by your agent.
• You revoke the POA.
• Your POA indicates that it has terminated.
• Your purpose for the POA has been accomplished.
• Your agent’s authority terminated and the POA does not provide for a successor agent.
Florida Statute 709.2109 also addresses when your agent’s authority terminates:
• Your agent dies.
• Your agent becomes incapacitated.
• Your agent resigns.
• Your agent is removed by a court.
• Your agent is your spouse and an action for dissolution or annulment of the marriage is filed or you and your spouse are legally separated, unless the POA indicates that divorce or separation would not cause your agent’s authority to terminate under such circumstances.
• Your POA terminates.