When Does a Florida Power of Attorney Take Effect?

Section 709.2108(1) states the general rule that a power of attorney is exercisable when executed. This means the agent can act as soon as the document is properly signed, even if the principal is fully capable.

Many other states allow springing powers of attorney that take effect only when the principal becomes incapacitated. Florida changed its law effective October 1, 2011. Under section 709.2108(3), a power of attorney that provides it is to become effective at a future date or on the occurrence of a future event or contingency is ineffective.

There are two exceptions. First, a power of attorney signed before October 1, 2011, that is conditioned on the principal's incapacity may still become exercisable. It takes effect on delivery of an affidavit from the principal's primary physician stating that the principal lacks the capacity to manage property.

Second, section 709.2106(4) allows a military power of attorney executed under 10 U.S.C. 1044b. A deployment contingent power of attorney may be signed in advance and becomes effective on the principal's deployment.

Because the agent can act right away, the choice of agent matters. Execution rules are explained in how a power of attorney is signed in Florida.