Florida Statute 709.2104 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 709
POWERS OF ATTORNEY AND SIMILAR INSTRUMENTS

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709.2104 Durable power of attorney.—Except as otherwise provided under this part, a power of attorney is durable if it contains the words: “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes,” or similar words that show the principal’s intent that the authority conferred is exercisable notwithstanding the principal’s subsequent incapacity.

History.—s. 6, ch. 2011-210.

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Amendments to 709.2104

Annotations, Discussions, Cases:

Cases Citing Statute 709.2104

Total Results: 3 | Sort by: Relevance | Newest First

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In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020).

Published | Supreme Court of Florida

...Focus Area 1, Recommendation 3, by requiring an explanation if there are less restrictive alternatives to guardianship, but they are not sufficient to meet the needs of the alleged incapacitated person. Committee notes revised. Statutory References § 709.2104, Fla....

...Adds a new subdivision (a)(10) to address the Judicial Management Council Guardianship Workgroup Final Report dated June 15, 2018, Focus Area 1, Recommendation 4, by requiring a statement of the petitioner’s knowledge of any preneed guardian designation. Committee notes revised. Statutory References § 709.2104, Fla....

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In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2021).

Published | Supreme Court of Florida

references amended. Statutory References § 709.2104, Fla. Stat. Durable power of attorney.

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Paula F. Levy v. Robert I. Levy, 268 So. 3d 811 (Fla. 4th DCA 2019).

Published | Florida 4th District Court of Appeal

...We agree. The entire purpose of a durable power of attorney, as opposed to a regular power of attorney, is to “show the principal’s intent that the authority conferred is exercisable notwithstanding the principal’s subsequent incapacity.” § 709.2104, Fla....

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