Giving power of attorney to a lawyer in Florida means naming a licensed attorney as your agent — the person legally authorised to act on your behalf. Most people do not need to. Florida law lets you name any trusted adult, and understanding the difference between a power of attorney and an attorney at law is the first step to making the right choice for your family.
What does giving power of attorney to a lawyer actually mean?
Giving power of attorney to a lawyer means naming that lawyer as your agent in a signed Florida power of attorney document. The lawyer — legally called your “attorney-in-fact” — then has the authority you grant them to sign documents, manage money, or make decisions on your behalf. This is different from hiring a lawyer to represent you in a legal matter.
The word “attorney” causes a lot of confusion. In Florida, an attorney-in-fact is the person named in a power of attorney document — they do not need a law degree or a bar licence. An attorney at law is a licensed lawyer. You can name a lawyer as your attorney-in-fact, but you are not required to.
Florida powers of attorney are governed by Chapter 709, Part II of the Florida Statutes — the Florida Power of Attorney Act. It sets out what an agent can and cannot do, what makes the document legally valid, and how to revoke it. Most Floridians name a spouse, adult child, or close family member as their agent — not a lawyer.
When should you name a lawyer as your power of attorney in Florida?
You should consider naming a lawyer as your power of attorney in Florida when there is no trusted family member available, when your estate is complex, or when you anticipate disputes between family members. A professional agent adds objectivity and legal knowledge — but also adds cost and removes the personal closeness a family agent provides.
Common situations where naming a lawyer makes sense include estranged or blended families where adult children disagree, clients with no spouse or close relatives, high-net-worth estates involving multiple business interests, and situations where the principal expects conflict and wants a neutral professional in the role.
If you are not sure whether your situation calls for a professional agent, it is worth learning about the types of power of attorney in Florida before you decide. The right document matters as much as the right agent.
When should you NOT name a lawyer as your power of attorney?
You should not name a lawyer as your power of attorney when you have a trustworthy family member who can serve, when your finances are straightforward, or when you are uncomfortable paying professional hourly rates for routine decisions like paying your electric bill or talking to your bank.
A family agent knows your values, your routine, and your preferences. They can call your doctor without billing you for the time. They know which grandchildren to involve and which decisions you would make yourself. Most Orlando families I work with name a spouse as primary agent and an adult child as backup — and that serves them well.
There is also a practical issue. Banks and financial institutions in Florida sometimes scrutinise a power of attorney more closely when a lawyer is named as agent. They may ask for extra documentation or delay transactions. A family agent using a clean, statute-compliant Florida POA typically moves through these steps faster.
Choosing the right agent is one of the most important estate planning decisions a Florida family makes. I walk every client through it personally — weighing family dynamics, financial complexity, and the kind of decisions they want their agent to make. If you want a proper conversation about who should be your agent, visit Florida power of attorney or call (407) 798-7744.
Do you need a lawyer to create a power of attorney in Florida?
You do not legally need a lawyer to create a power of attorney in Florida, but it is strongly recommended. Florida’s Power of Attorney Act has specific signing, witness, and notarisation requirements, and small errors can make the document invalid at the moment it is needed most — when someone is in hospital, overseas, or incapacitated.
For a Florida power of attorney to be valid, the document must be signed by the principal, witnessed by two adults, and notarised. Durable powers of attorney must include specific language preserving the agent’s authority if the principal becomes incapacitated. Certain powers — like making gifts or amending a trust — must be specifically enumerated or they cannot be used.
Generic online templates rarely meet every Florida requirement. Our guide on Florida power of attorney requirements walks through every element a valid document needs — and what happens when one is missing.
How do you choose the right agent for your Florida power of attorney?
You choose the right agent for your Florida power of attorney by weighing trust, availability, financial judgement, and willingness to act. The ideal agent is someone who knows you, lives close enough to help, handles their own finances well, and will genuinely step up when the moment comes.
Name a successor agent — always. Life happens. Your primary agent may predecease you, be out of the country, or simply be unable to act. Without a named successor, your family may have to petition for guardianship instead, which is slower, costlier, and more intrusive than the document you already signed.
For families anticipating a long period of incapacity — an aging parent, a spouse with a degenerative illness — a durable power of attorney is essential. It continues in effect after the principal loses capacity, which is exactly when the document does its most important work.
Frequently Asked Questions About Giving Power of Attorney to a Lawyer in Florida
Can you give power of attorney to your lawyer in Florida?
Yes — Florida law allows you to name a lawyer as your attorney-in-fact in a power of attorney document. Any competent adult can serve as an agent, including a licensed attorney. However, most Floridians name a trusted family member rather than a lawyer, because a family agent knows their values and does not charge hourly rates for routine tasks.
What is the difference between a power of attorney and an attorney at law?
A power of attorney is a legal document authorising one person to act for another — the person named is called an attorney-in-fact and does not need a law degree. An attorney at law is a licensed lawyer who represents clients in legal matters. The word “attorney” appears in both, but the roles are completely different.
How much does it cost to have a lawyer draft a power of attorney in Florida?
The cost to have a lawyer draft a power of attorney in Florida typically ranges from $200 to $500 for a standalone document, or it is often included in a broader estate planning package. The exact fee depends on the complexity of the powers granted, whether it is durable or springing, and whether it is drafted alongside a will or trust.
Can a Florida power of attorney agent be paid?
Yes — a Florida power of attorney agent is entitled to reasonable compensation unless the document says otherwise. Family members typically serve without charging, while professional agents like lawyers or banks charge hourly or percentage-based fees. The power of attorney document itself should specify whether the agent is paid and how compensation is calculated.
Can you revoke a power of attorney given to a lawyer in Florida?
Yes — a Florida principal can revoke a power of attorney at any time while they have mental capacity, regardless of who the agent is. Revocation requires a signed written document, and written notice must be given to the agent and any third parties who relied on the original power of attorney, such as banks or financial institutions.
Ready to Create the Right Power of Attorney for Your Family?
Giving power of attorney to a lawyer is the right answer for some Florida families — and the wrong answer for many more. The decision depends on your family dynamics, your estate, and the kind of care you want taken of the decisions that matter most. Lumsden Law’s Florida Power of Attorney service helps Orlando families create documents that are valid, specific, and built around the people you trust. Call (407) 798-7744 or book a consultation today — I will make sure you feel supported every step of the way.