Durable Power of Attorney in Miami (Miami-Dade County), Florida
One sentence decides who can pay the bill after you can't.
You type durable on the top line and think the rest is names and dates. It isn't. Leave that sentence out, and the form ends when you can't pay the bills. The person you picked can't pay a bill with it.
The hospital packet names who speaks to the doctor. It never puts anyone at the counter when the bill shows up and you're in the bed.
Section 709.2104 says that sentence, or words close to it, is what makes it durable. Section 709.2105 is you signing, two witnesses beside you, and a notary. That's why this page can say it. These are facts, not legal advice. ClickDocs is not your lawyer.
Write their name and that sentence here.
Who this is for
This is for an adult in Miami-Dade, or someone who may use the document with property here. This page is for Miami and the rest of the county, not a different form per city. Miami Beach, Hialeah, and Homestead use the same Clerk as Miami.
Coral Gables and Doral use that Clerk too. So do Miami Gardens, North Miami, Aventura, Pinecrest, Cutler Bay, Key Biscayne, and Sweetwater. Kendall is a neighborhood, not its own recorder. You are still on the right page. One Clerk for the county.
Who this is not for
This page is not for someone looking for a health care surrogate or a living will. That is a different document. This page does not do that job.
It is not for someone in a different county. Fort Lauderdale and the rest of Broward, Hollywood, Tampa, Orlando, and Key West in Monroe County are each outside Miami-Dade, and each has its own clerk.
It is not for someone who wants the document to start only later. Section 709.2108 says it is effective when executed. A new line that tries to make it start later, or only if something happens, generally does not work.
Florida requirements
Some extra authority, including gifts, needs your own signature or initials beside that power. That is section 709.2202. Homestead, gifts, and capacity are questions for a Florida attorney.
What it can and cannot do
This form lets you name someone for the bills and accounts. It leaves medical decisions off. The hospital document is the other one. A power of attorney can include health care decisions only if that authority is specifically written in. That is section 709.2201.
Recording
You do not have to record it for it to work. The Miami-Dade Clerk lists powers of attorney among the papers people bring to Official Records. That list is not a rule that you must record. A question about recording it for a house title goes to a Florida attorney.
Where to take it
If you take it in person, go to the Osvaldo N. Soto Miami-Dade Justice Center, 20 NW 1st Avenue, Miami, Florida 33128. Bring the original, the fee, and a self-addressed stamped envelope. The location page lists the hours as Monday through Friday, 9:00 a.m. to 4:00 p.m. It is closed Saturday and Sunday.
You can mail it to the Office of County Recorder, 20 NW 1st Avenue, Suite 5.246, Miami, Florida 33128.
That location page prints County Recorder Suite 5.243 and 786-463-0566. The contact page and the mail instructions print Suite 5.246 and the same telephone. Confirm the suite with the Miami-Dade Clerk before you go.
Not the court website
The Florida Courts E-Filing Portal is for filing court documents online. The Clerk's court e-filing screens are for civil, family, and probate cases. They are not an Official Records way to record this. If you record it, you use the County Recorder path already on this page.
The Clerk's own e-recording app
The Clerk's eRecording web service takes only notices of commencement and declarations of domicile. It will not take this document from you.
A vendor's e-recording service
The Miami-Dade Clerk lets you e-record through an approved vendor. The Clerk will not recommend one. Which documents a vendor will take depends on that vendor. A power of attorney is not named as a document you can e-record.
Recording charges
If you record it, check the Clerk's fee page. Charges can change. Those are general recording charges, not a fee for a power of attorney.
The first-page space
You do not need a cover sheet if the first page leaves a 3 by 3 inch space. The Clerk's cover page, CLK/CT. 155 Rev. 04/23, is attached only when that space is missing. That extra page has a recording charge.
Related pages
If you want the Florida page and not only Miami, use the Florida durable power of attorney page. If you are in Volusia County, use the Volusia County durable power of attorney page. If you are in Duval County, that is the Jacksonville page: Duval County durable power of attorney.
How long recording takes
The Clerk cannot guarantee that a document will be recorded the same day they receive it. If the timing matters to you, the Clerk says to record it in person. The Clerk's note on e-recording time is general: about 1 to 3 business days before it can be seen publicly, not counting weekends and holidays. That note is not a promise that you can e-record a power of attorney.
FAQ
Do I have to record this for it to work?
No. You do not have to record it for it to work. The Clerk's list is not a rule that you must record.
Does typing durable on the title keep it in force?
No. You need the sentence already described on this page.
Can I record this on the Florida courts website?
No. If you record it, you use the County Recorder, not the court portal.
Will the Clerk's e-recording app take this?
No. That app takes notices of commencement and declarations of domicile, not this.