Is a Florida Power of Attorney Suspended During an Incapacity Case?

The family member rule has its own requirements. A motion to suspend that agent's authority must identify specific grounds, such as abuse of powers, invalidity of the document, decisions that conflict with the principal's known desires, or a danger that property may be wasted or lost. A dispute between the agent and the petitioner that belongs in another forum is not a ground.

An emergency may still be addressed. If an emergency arises after the incapacity proceeding starts and before the court rules on capacity, the agent may petition the court for authority to use a power. The petition must state the nature of the emergency, the property or matter involved and the power to be exercised.

Health care decisions are treated separately. Unless the court orders otherwise, an incapacity proceeding does not affect the agent's authority to make health care decisions. If the principal signed a health care advance directive naming a surrogate, the directive controls in a conflict unless the power of attorney was signed later and expressly states otherwise.

An agent who acts in good faith without knowing of a suspension is protected, and the act binds the principal. A court finding of incapacity ends the power of attorney unless the court keeps certain authority in place. Related timing rules appear in when a Florida power of attorney takes effect.