Can a Power of Attorney Be Used after Death in Florida?

Section 709.2109 lists the events that end a power of attorney. Death of the principal is the first. Others include revocation by the principal, a court adjudication of incapacity unless the court preserves certain authority, the purpose being accomplished, and terms in the document that end it.

The statute includes one protection for agents and the people who deal with them. Under subsection (4), termination is not effective as to an agent who acts in good faith without knowledge of the termination. An act performed that way, unless otherwise invalid, binds the principal and the principal's successors in interest. This rule protects a good faith act. It does not give an agent continuing authority after learning of the death.

After death, authority over the decedent's property shifts to others. Probate assets are handled by a personal representative appointed by the court. Assets in a revocable trust are handled by the successor trustee under the trust terms, and assets with a named beneficiary pass under the beneficiary designation.

Under section 709.2109(2), an agent's authority also ends when the agent dies, becomes incapacitated, resigns, or is removed by a court. Unless the power of attorney provides otherwise, it also ends when an action is filed for dissolution or annulment of the agent's marriage to the principal or for their legal separation. The difference between these roles is explained in power of attorney vs. executor.