What it means
Florida rejects the idea of a blanket 'general' power of attorney. Under §709.2201, an agent may exercise only the authority specifically granted in the document, plus what is reasonably necessary to carry it out — vague language claiming to grant 'all powers' does not actually grant them. The section confirms authorities a POA may include (like conveying homestead or making health-care decisions, when specifically granted) and then lists acts an agent may never do: perform the principal's personal-services contract, swear to the principal's personal knowledge, vote in a public election, make or revoke the principal's will, or exercise powers the principal holds as trustee.
- An agent may exercise only authority specifically granted in the POA, plus what is reasonably necessary to give it effect.
- General boilerplate purporting to grant 'all powers' does not create authority in Florida.
- An agent may never make or revoke the principal's will, or vote in a public election for the principal.
- An agent may not exercise powers the principal holds as a trustee or court-appointed fiduciary — those do not pass through a POA.
How it plays out
The Florida rule surprises people who bring in an old or out-of-state form: here, an agent gets exactly what the document spells out and nothing more. We draft powers of attorney to name each authority the family actually needs, because a court will not read in the rest. We also set expectations about the hard limits — an agent cannot rewrite the principal's will, and cannot step into a trusteeship the principal holds. When those powers matter, they have to be handled through the trust or the will itself, not the POA.
Where this shows up
Pages on this site where § 709.2201 does real work:
Questions people ask
