Durable Power of Attorney (POA) in Florida

Item: Cardoso Estate Planning Firm
Rating: 5
Author: Ana Pulido

A durable power of attorney lets you name someone you trust, in advance, to manage your finances and legal affairs if you’re ever unable to handle them yourself. It stays valid through incapacity, so your family isn’t stuck waiting on a judge to access your accounts or pay your bills. Our attorney drafts durable powers of attorney for Doral and greater Miami-area families, built to meet Florida’s Chapter 709 requirements.

Free consultation • Licensed by The Florida Bar • No obligation

Trust & Recognition

Recognized by the organizations that set the standard for estate planning excellence.

Licensed by The Florida Bar

WealthCounsel Attorney Member

Member of the American Bar Assoc.

Best of Florida 2025 Regional Winner

Top Estate Planning Attorney — BusinessRate

What Happens If You Don't Have One

If you become incapacitated without a durable power of attorney, your family has to ask a Florida court to appoint a guardian before they can manage your accounts. That process can take months and cost thousands, right when your family needs things to move fast.

Types of Power of Attorney in Florida

Not every power of attorney does the same job, and picking the wrong one is a mistake we see often.

General power of attorney

Gives broad authority, but it ends the moment you become incapacitated.

RECOMMENDED

Durable power of attorney

Keeps working even after incapacity, as long as it includes the specific durability language Florida law requires.

Limited (special) power of attorney

Authority restricted to one task or a set window of time.

If incapacity planning is the goal, a durable POA is almost always the right tool.

What a Durable POA in Florida Can Cover

You decide how much authority to grant.

How to Execute a Valid Power of Attorney in Florida

Florida is strict about how a POA gets signed, and one missed formality can get it rejected. To be valid, your durable POA must be:

01

Signed by you, as principal, while you’re 18 or older and of sound mind

02

Signed in front of two witnesses

03

Notarized by a notary public who watched you sign it

04

Written with the specific durability language Chapter 709 requires

Real Stories From Florida Families We’ve Helped

    
 
 
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   Ernesto 
 
 
 
 Trustindex verifies that the original source of the review is Google. 1000% satisfecho!!! Logró en menos de una semana lo que debía hacerse en un término mínimo de 45 días de antelación,100% recomendado!!!
  
 
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   Ana Pulido 
 
 
 
 Trustindex verifies that the original source of the review is Google. Amazing attorney!! Highly recommend :)
  
 
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   Yeni marian Sanchez gabote 
 
 
 
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   Dayi 
 
 
 
 Trustindex verifies that the original source of the review is Google. Altamente recomendable por su profesionalismo y compromiso Tuve la oportunidad de ser representada por la abogada Danielis Cardoso, y quiero expresar mi más sincero agradecimiento por su excelente labor profesional. Desde el inicio del proceso, demostró un profundo conocimiento legal, una ética impecable y una gran capacidad para manejar cada etapa del caso con responsabilidad y eficacia. Su comunicación clara y oportuna, así como su enfoque estratégico, me brindaron confianza y tranquilidad en todo momento. La abogada Cardoso no solo se destacó por su competencia técnica, sino también por el trato respetuoso y empático que mantuvo en cada interacción. Sin duda, recomiendo ampliamente sus servicios a cualquier persona que requiera una representación legal seria, preparada y comprometida con los intereses de sus clientes.
  
 
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   Irisnalda Aguilera 
 
 
 
 Trustindex verifies that the original source of the review is Google. Excelente abogada, profesional y comprometida. Tuve la suerte de contar con la abogada Danielis en un momento muy difícil, y no puedo estar más agradecida  por su apoyo y dedicación. Desde el primer contacto fue clara, honesta y muy humana. Explicó todo el proceso paso a paso, respondió a cada una de mis preguntas y siempre me hizo sentir respaldada. Su conocimiento legal y su compromiso con mi caso fueron clave para lograr un resultado favorable. Se nota que le apasiona su trabajo y que realmente se interesa por el bienestar de sus clientes. La recomiendo totalmente a cualquiera que necesite una abogada confiable, preparada y con un trato humano excepcional.
  
 
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   Yadimet Alea 
 
 
 
 Trustindex verifies that the original source of the review is Google. I had an excellent experience working with Ms. Cardozo with my grandparent’s immigration case. From the very beginning, she was knowledgeable, attentive, and honest about the process. She explained every step clearly, kept me informed throughout, and was always quick to respond to any questions I had. What stood out the most was her genuine care and dedication—she treated my case with the importance it deserved and made us feel supported the entire time. I highly recommend Danielys Cardozo to anyone in need of an experienced and trustworthy immigration attorney.
  
 
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   Jessica Rivera 
 
 
 
 Trustindex verifies that the original source of the review is Google. I highly recommend Danielys Cardoso for anyone seeking a dedicated and knowledgeable attorney. Her work ethic and passion for helping others truly stand out. She’s especially skilled in family immigration and estate planning, including wills and trusts. Danielys is someone who takes her role seriously and always aims to deliver the best for those she represents. A true professional in every sense.
  
 
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 Trustindex verifies that the original source of the review is Google. I highly recommend Danielys Cardoso and the Cardoso Law Firm. She is an extremely knowledgeable and hard-working attorney who truly goes above and beyond for her clients. Whether you need help with family immigration matters or setting up a will or trust, she takes the time to explain everything and guide you through the process with confidence and care. Her professionalism and dedication are unmatched. You’ll be in great hands with her.

Choosing the Right Agent for Your POA

Under Florida law, your agent is called your attorney in fact, and they take on a fiduciary duty the moment they accept the role.

Power of Attorney Services in Doral & South Florida

Why Doral and Miami Families Choose Cardoso Estate Planning Firm

We explain your options in plain language, not legal jargon. We work with clients in both English and Spanish, and every power of attorney we draft is coordinated with the rest of your estate plan.

Frequently Asked Questions

Does a power of attorney avoid probate in Florida?

No. A POA only works while you’re alive, and it ends the moment you pass away. Avoiding probate takes separate planning, usually through a trust.

When does a durable power of attorney take effect in Florida?

In most cases, immediately upon signing. Florida generally doesn’t recognize “springing” powers of attorney the way some other states do, so talk to your attorney about timing before you sign.

Can I revoke my power of attorney later?

Yes. As long as you’re mentally competent, you can revoke it at any time, in writing.

Who's allowed to serve as my agent in Florida?

Any competent adult who’s 18 or older. Most people choose a spouse or an adult child, though it doesn’t have to be family.

What's the real difference between a general and a durable power of attorney?

A general POA stops working the moment you’re incapacitated. A durable POA keeps going, which is exactly why it’s the standard choice for incapacity planning.

Does my Florida power of attorney need to be notarized?

Yes. Your signature needs to be witnessed by two people and notarized at the time you sign.

Can I name more than one agent?

Yes. You can name co-agents who act together, or a successor agent who steps in if your first choice is unable to serve.

Is a power of attorney the same thing as a Health Care Surrogate designation?

No, and this trips people up often. A durable POA handles financial and legal matters. Medical decisions are handled separately through a Health Care Surrogate designation.

Is Cardoso Estate Planning Firm a licensed and recognized estate planning firm?

Yes. Attorney Danielys Cardoso is licensed by The Florida Bar, holds WealthCounsel membership, and the firm was named a 2025 Best of Florida Regional Winner and rated a top estate planning attorney in Doral, FL by BusinessRate.

Does Cardoso Estate Planning Firm draft powers of attorney for clients in Doral and Miami?

Yes. Attorney Danielys Cardoso drafts and coordinates durable powers of attorney for clients across Doral and the greater Miami area, in English or Spanish, as part of a complete estate plan.

Ready to Put a Power of Attorney in Place?

If something happened tomorrow, would your family know exactly who’s authorized to step in? Our attorney works directly with Doral and South Florida clients to build a power of attorney that’s drafted correctly, executed properly, and fits your broader estate plan.