Florida Statutes
Fla. Stat. § 709.2104 (2025)
Durable power of attorney.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 2019–2021 · leading case: In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020).
In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020). “Statutory References § 709.2104, Fla. Stat. Durable power of attorney.”
In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2021). “12, under Statutory References, the following sections have been added: “§ 709.2104, Fla. Stat. Durable power of attorney.”
In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2021). “Statutory References § 709.2104, Fla. Stat. Durable power of attorney.”
Paula F. Levy v. Robert I. Levy, 268 So. 3d 811 (Fla. 4th DCA 2019). “” § 709.2104, Fla. Stat. (2017); see also § 709.”
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