Who can be an agent on a Florida durable power of attorney?

Someone 18 or older you trust, or a Florida bank or credit union with trust powers. Here is what Florida Chapter 709 says for document prep. This is not legal advice.

Florida Statutes § 709.2105(1) sets the floor. The agent must be a natural person who is 18 or older, or a financial institution that has trust powers, has a place of business in Florida, and is authorized to conduct trust business here. The statute does not require the agent to live in Florida, and it does not force you to name a relative.

You can name more than one person. Under § 709.2111, co-agents may act independently unless your document says they must act together. You can also name successor agents who step in only after a predecessor resigns, dies, becomes incapacitated, is unqualified, or declines. Banks still want a clean original and may ask for an agent affidavit under § 709.2119 before they open an account.

What goes wrong: you name someone who looks fine on paper, then they freeze at a bank counter when staff ask for an agent affidavit. ClickDocs prepares a Florida financial durable power of attorney for $89 and lets you name an agent and a backup during intake. You arrange your own notary for now.

Read the statute on the official site: Florida Statutes Chapter 709.

Agent qualifications are in §§ 709.2105 and 709.2111. This is not legal advice on who to appoint.

Florida power of attorney FAQ