Durable Power of Attorney in Volusia County, Florida
Quick answer
This is the Florida financial document to name someone to handle money and property in Volusia County. It is not the medical form. It is not durable without the § 709.2104 words, or similar words. It needs your signature, two witnesses, and a notary. Recording is optional. If you record it, same-day recording is in DeLand, not the Daytona Beach drop box.
Who this is for
This page is for an adult who wants a Florida financial durable power of attorney and lives in Volusia County, or who may use the document with property in Volusia County. It covers Daytona Beach, Deltona, Port Orange, DeLand, Ormond Beach, and New Smyrna Beach. Other Volusia cities, including Edgewater, South Daytona, Holly Hill, Daytona Beach Shores, DeBary, Orange City, Ponce Inlet, and Oak Hill, use the same Clerk.
Who this is not for
This is not a health care surrogate or living will. Not a document that waits until a doctor says you are incapacitated. Not legal advice on signing, capacity, homestead, or gifts. Not a different Florida county.
How it works on ClickDocs
- Answer the form questions for a Florida financial durable power of attorney.
- Preview the draft before checkout.
- After you have the document, it still needs your signature, two witnesses, and a notary. ClickDocs does not notarize it on this page.
- Record the original with the Volusia Clerk only if you need it in Official Records. Recording is optional.
This form is a financial form, not a statutory form.
Florida requirements
A Florida power of attorney is not durable just because the title says so. It is not durable without the § 709.2104 words, or similar words. Source: Florida Senate, § 709.2104 (2026), checked 2026-09-08.
It needs your signature, two witnesses, and a notary under § 709.2105. Source: Online Sunshine, § 709.2105, checked 2026-09-08.
It is exercisable when you sign it. A new springing clause is ineffective under § 709.2108. Do not add language that tries to delay the document until incapacity. Source: Florida Senate, § 709.2108 (2026), checked 2026-09-08.
Some extra authority, including gifts, needs your sign or initial next to that power under § 709.2202. This page does not explain what those powers do. Homestead, gifts, and capacity need a Florida attorney. Source: Florida Senate, § 709.2202 (2026), checked 2026-09-08.
What the document can and cannot do
It can name someone to handle financial matters under Chapter 709. It is not durable without the § 709.2104 words. This ClickDocs form does not grant health care decisions. A power of attorney can include that authority only if it is specifically written in under § 709.2201. Medical decisions stay off this form. Source: Florida Senate, § 709.2201 (2026), checked 2026-09-08.
Recording in Volusia County
A Volusia power of attorney is valid without recording. Recording is optional. The office is Laura E. Roth, Clerk of the Circuit Court, who is also the County Recorder. Same-day recording is in DeLand, Room A121, 101 N. Alabama Ave, DeLand, FL 32724, at (386) 736-5912. Mail goes to PO Box 6043, DeLand, FL 32721. The Daytona Beach drop box at 125 East Orange Avenue is not same-day, and it accepts checks or money orders only.
The Clerk recommends Recording Cover Sheet CL-0866. A photocopy cannot be recorded. Official Records: clerk.org/official-records. Cover sheet: CL-0866.
Recording charges
General recording charges, checked September 8, 2026, are not a power of attorney fee. They are $10.00 for the first page, $8.50 for each additional page, and $1.00 for each name after four. They can change. Do not use myflcourtaccess.com to record it. That site is for court case filings.
Related documents
Financial durable power of attorney is Chapter 709. That is this page. A health care surrogate and a living will are Chapter 765, which are separate documents. Source: Florida Senate, Chapter 765 (2026), checked 2026-09-08.
Frequently asked questions
Is a Volusia County durable power of attorney valid without recording?
Yes. Recording is optional. It is not required for it to be valid. Recording is an Official Records step, and it matters most if the document will affect title.
Where do I record a power of attorney in Volusia County?
Same-day recording is in DeLand, in person at Room A121, 101 N. Alabama Ave, DeLand, FL 32724. The Daytona Beach drop box at 125 East Orange Avenue is not same-day.
What does Volusia charge to record it?
The Clerk publishes general recording charges, not a power of attorney fee. For an instrument not more than 8.5 by 14 inches, the Official Records page lists $10.00 for the first page, $8.50 for each additional page, and $1.00 for each name after four. Checked 2026-09-08. Charges can change.
Can I e-file a power of attorney at myflcourtaccess.com?
No. That portal is for court case filings. Use the Volusia Clerk Official Records page for recording.
Is this a medical power of attorney?
No. This is a financial document under Chapter 709. A health care surrogate is a separate document under Chapter 765.
Can I make it start only if I become incapacitated?
A new springing clause is ineffective under § 709.2108. The document is exercisable when you sign it.
Is this a statutory form?
No. It is a financial durable power of attorney prepared to meet the Chapter 709 requirements named on this page. It is not a statutory form.
Which cities does this page cover?
Volusia County, including Daytona Beach, Deltona, Port Orange, DeLand, Ormond Beach, and New Smyrna Beach. Other Volusia cities use the same Clerk.
ClickDocs is not a law firm, and this page is not legal advice. It does not tell you to sign. Talk to a Florida attorney about homestead, gifts, capacity, and whether a title company wants the document recorded.