How to Create a Florida Durable POA for Health Care

• A durable POA document in Florida must be in writing, signed by the principal in the presence of two witnesses and a notary. If the POA is effective upon the principal's incapacity, the attorney-in-fact must also sign an special affidavit. The attorney-in-fact who will make decisions for the principal can be any competent person at least 18 years old, or certain financial institutions and non-profit organizations.
  
  

How to Terminate a Florida Durable POA for Health Care

• A principal can revoke the attorney-in-fact's power for any reason whenever she desires. Some POAs automatically terminate if the principal becomes incapacitated (as opposed to becoming effective only upon the principal's incapacitation). This decision is entirely up to the principal. A court will decide incapacitation based on at least one doctor's opinion.
  
  

POA vs. Health Care Surrogate Designation

• A durable POA for health gives the attorney-in-fact more power than a health care surrogate designation. A durable POA can allow the attorney-in-fact to act while the principal is still competent, while a health care surrogate designation representative only makes decisions after the principal cannot. It also states the principal's specific instructions about her health care, which the representative must follow.
  
  

Caution: Consult an Attorney

• An attorney should prepare a durable POA for health care to ensure it is legally enforceable and accurately states your intentions. Florida does not provide a general form. Without any document designating a health care representative, medical decisions will fall to a court-appointed guardian or family member. In short, you lose control over who makes these important decisions.