A durable power of attorney is a special grant of authority by one person known as the principal, to another person know as the attorney-in-fact or agent.
The “durable” aspect has special treatment under Florida law in the event incapacity (i.e. dementia, Alzheimer’s, etc.), as opposed to a non-durable power of attorney. Through the durable power of attorney, the principal gives the attorney in fact authority to preform certain specified acts or a broad range of affairs on behalf of the principal. Authorized acts may include but are not limited to handling finance, medical affairs, and managing real property. Durable powers of attorney are effective immediately when they are executed, and they always terminate at the principal’s death. Durable powers of attorney are not just forms, they are powerful documents that should be customized to meet each client’s estate plan, goals and family situation.