Fillable Form Florida Power of Attorney

What is the Florida Power of Attorney?

The Florida Power of Attorney, also referred to as Form DR-835, is a tax form required by the Florida Department of Revenue allowing the taxpayer’s representative to perform specific tasks on behalf of the taxpayer.

You may download a PDF copy of the Florida Power of Attorney Template from websites that offer document templates. You may also electronically fill it out on PDFRun for your convenience.

How to fill out the Florida Power of Attorney?

Enter the necessary information in the Florida Power of Attorney. Make sure that everything you provided is true, accurate, and correct.

Part I - Power of Attorney

This part is required to fill out the taxpayer information, their representatives, and the delivery of notices and written communication.

Section 1. Taxpayer Information

This section is all about the taxpayer who will assign a representative.

Taxpayer name(s) and address(es)

Enter the taxpayer's name and address.

Federal ID No.

Enter the federal ID Number.

Florida Tax Registration Number

Enter the Florida Tax Registration Number.

Contact Person

Enter the name of the contact person.

Telephone Number

Enter your telephone number.

Fax Number

Enter your fax number.

Section 2. Representative(s)

This section is about the representatives the taxpayer will assign. If you have more than one representative, enter their information individually in this section.

Name and Address

Enter the name and address of the representative.

E-mail address

Enter the representative’s email address.

Telephone Number

Enter the representative’s telephone number.

Fax Number

Enter the representative’s fax number.

Cellphone Number

Enter the representative’s cellphone number.

Section 3. Tax Matters

This section states the tax matters the representative will act on.

Type of Tax

Enter the type of tax.

Year(s)/Period(s)

Enter the year or period of the tax matter.

Tax Matter(s)

Enter the tax matter.

Section 4. To Appoint a Reemployment Tax (formerly Unemployment Tax) Agent Only

This section states that if you complete this form, you are appointing a representative as your Florida reemployment tax agent to receive confidential information on a continuing basis. Note that if you completed this section, you do not need to complete Section 6, and only complete this section if you want to appoint a reemployment tax agent on a continuing basis.

Agent Name

Enter the name of the agent.

Agent number

Enter the agent number.

Firm Name

Enter the agent’s firm name.

Federal I.D. No.

Enter the agent’s federal ID number.

Address (if different from above)

Enter the agent’s address, if the agent is different from the previous section.

Mail Type

Check the box to determine your mail type. You may select:

• 1 (Primary)
• 2 (Reporting)
• 3 (Rate)
• 4 (Claim)

Selecting primary mail allows the agent to receive all documents from the Department of Revenue related to your reemployment tax account and authorized to receive other confidential information on tax matters.

Selecting reporting mail allows the agent to receive the Employer’s Quarterly Report or the Form RT-6, certification, and correspondence related to the reporting.

Selecting rate mail allows the agent to receive tax rate notices and other communications related to the rate.

Lastly, selecting claims mail allows the agent to receive notice of benefits paid, and authorizes them to receive confidential information about your benefits.

Note that there cannot be duplicate copies of some computer-generated notices and written communication due to system constraints. Thus, notices and communications shall only be sent to the representative.

Section 5. Acts Authorized

This section allows the taxpayer to enter any acts their representative can perform concerning the tax matters indicated in Section 3 and section 4.

Check the box to determine if you want to authorize a representative in Section 2 to receive refund warrants. Enter the name of the representative once checked. Otherwise, leave it blank.

List the specific limitations or deletions to the acts of your representative.

Section 6. Notices and Communication

This section states how you want the notices and written communications to be sent. If you answered Section 4, do not answer this section anymore.

1. Check the box to determine if you want notices and communications sent to both you and your representative. Otherwise, leave it blank.

1. Check the box to determine if you want the notices or communications sent to you and not your representatives. Otherwise, leave it blank.

Section 7. Retention/Nonrevocation of Prior Power(s) of Attorney

This section states that filing of this FL Power of Attorney will not revoke any early Powers of Attorney on file with the Florida Department of Revenue.

Check the box to determine that the filing of the Florida Power of Attorney Form shall not revoke the previous Powers of Attorney. Otherwise, leave it blank.

If you wish to revoke, you must attach a copy of any Power of Attorney.

Section 8. Signature of Taxpayer(s)

This section states that if a tax matter is a joint return and a joint representation is requested, both husband and wife must sign this Florida Power of Attorney PDF.

If this form is signed by another person on behalf of the taxpayer, they must declare under penalties of injury that they have the authority to sign.

Signature

Have the representative affix their signature.

Print Name

Enter the representative’s printed name.

Date

Enter the date.

Title

Enter the title if applicable.

Part II - Declaration of Representative

This Part states that you are declaring that they are a qualified representative, understood the law and facts related to the tax matter, and are authorized to represent in receiving notices and written communications on behalf of the taxpayer.

Designation

Enter the letter of designation by selecting the following:

1. Attorney
2. Certified Public Accountant
3. Enrolled Agent
4. Former Department of Revenue Employee
5. Reemployment Tax Agent
6. Other Qualified Representative

Jurisdiction

Enter the representative’s jurisdiction and enrollment card number, if any.

Signature

Have the representative affix their signature.

Date

Enter the date.

Frequently Asked Questions About the Florida Power of Attorney

Can I do my own power of attorney in Florida?

Yes, you can. A power of attorney is a legal document in which you (the "principal") can appoint someone else (your "agent" or "attorney-in-fact") to act on your behalf. In Florida, there are two types of powers of attorney: general and limited.

A general power of attorney gives your agent broad powers to handle all of your financial and legal affairs. A limited power of attorney, on the other hand, only gives your agent specific powers that you have specifically granted them in the document.

You can revoke (cancel) a power of attorney at any time, as long as you are mentally competent to do so. To revoke a power of attorney, you must give written notice to your agent and any third parties who are relying on the power of attorney (such as banks or other financial institutions).

If you need help drafting or revoking a power of attorney, you should contact an experienced Florida estate planning attorney for assistance.

Here are the steps you'll need to make your own power of attorney in Florida:

1. Choose your agent carefully. Your agent will have a lot of power over your finances and legal affairs, so you need to choose someone you trust implicitly. This person should be responsible, honest, and organized. You may also want to choose someone who lives close by, in case you need to give them instructions or information on short notice.
2. Draft the power of attorney document. The document should include your name and address, as well as the name and address of your agent. You'll also need to specify the powers that you're granting to your agent. These powers can be very broad or very limited, depending on your needs and preferences. If you want to give your agent general powers, you can simply state that they have "the power to do all acts that I could do if personally present, including the power to buy, sell, borrow money, and deal with my real and personal property." If you want to give your agent limited powers, on the other hand, you'll need to specifically list the powers that you're granting them. For example, you might give them the power to sign checks on your behalf, pay your bills, or manage your investment portfolio.
3. Sign and date the document. Both you and your agent will need to sign and date the document in front of a notary public.
4. Give copies of the document to your agent and any relevant third parties. Your agent will need a copy of the document so that they can show it to third parties (such as banks or other financial institutions) when necessary. You should also give copies to any third parties who might be affected by the power of attorney, such as your spouse, adult children, or business partners.
5. Store the original document in a safe place. You should keep the original document in a safe place, such as a fireproof safe or a safety deposit box. You may also want to give a copy to your estate planning attorney for safekeeping.

You can revoke (cancel) a power of attorney at any time, as long as you are mentally competent to do so. To revoke a power of attorney, you must give written notice to your agent and any third parties who are relying on the power of attorney (such as banks or other financial institutions).

If you need help drafting or revoking a power of attorney, you should contact an experienced Florida estate planning attorney for assistance.

Does a power of attorney need to be notarized in Florida?

Yes, a power of attorney must be notarized in Florida. The notary public will witness the signing of the document and will affix their official seal to it, indicating that they have verified the identity of the signatories and witnessed the signing of the document.

Without a notarization, the power of attorney would not be legally binding in Florida. If you have any questions about notarizing a power of attorney or any other legal document, you should consult with an experienced Florida lawyer.

What types of power of attorney are there in Florida?

There are several types of power of attorney in Florida:

• Durable Power of Attorney — A durable power of attorney remains in effect if the person who grants it becomes incapacitated. In situations where someone may need help managing their affairs but isn’t incapacitated, they can also give a durable power of attorney to someone they trust. It is valid until it is revoked or the person dies.
• Non-durable Power of Attorney — A non-durable power of attorney is used for specific tasks and becomes void if the person who granted it becomes incapacitated. Specifically, a non-durable power of attorney can be used to handle financial transactions on behalf of the person who granted it.
• Limited Power of Attorney — A limited power of attorney is used for a specific task and, like a non-durable power of attorney, becomes void if the person who granted it becomes incapacitated. Unlike a non-durable power of attorney, however, a limited power of attorney can only be used for the specific task that it was created for. For example, someone may give another person a limited power of attorney to sell their car while they are out of town.
• Springing Power of Attorney — A springing power of attorney does not go into effect until the person who granted it becomes incapacitated. At that point, it functions like a durable power of attorney.

A person can revoke a power of attorney at any time and for any reason by simply informing the person who has been given the power of attorney that it has been revoked. The revocation must be in writing if the original power of attorney was in writing. Power of attorney can also be revoked by destroying the document or by having the person who granted the power of attorney file a notice of revocation with the court.

If you have any questions about power of attorney in Florida, or if you need help drafting or revoking a power of attorney, you should speak with an experienced Florida estate planning lawyer.

What decisions cannot be made by a legal power of attorney?

Some decisions that cannot be made by a legal power of attorney holder include:

• Making a will or changing an existing will — A will is a legal document that outlines how a person's property will be distributed after their death. Only the will-maker can make changes to their will.
• Making a Living Will or Healthcare Proxy — A Living Will outlines a person's wishes for end-of-life medical care, in the event that they are unable to communicate those wishes themselves. A Healthcare Proxy is a legal document that appoints someone else to make healthcare decisions on a person's behalf.
• Changing the beneficiary of a life insurance policy — The owner of a life insurance policy can change the beneficiary (the person who would receive the death benefit) at any time. Only the policy owner can make this change.
• Changing the ownership of property — Property can only be transferred to another person if the owner of the property signs over ownership in a legal document. The holder of a power of attorney cannot transfer ownership of property without the property owner's permission.
• Making a gift — The holder of a power of attorney cannot make a gift on behalf of the person they are representing unless the power of attorney specifically gives them that authority.
• Conducting business on behalf of the person they are representing — The holder of a power of attorney can only conduct business on behalf of the person they are representing if the power of attorney specifically gives them that authority. For example, if someone is granted a power of attorney to handle their financial affairs, they would be able to pay bills and manage bank accounts on the person's behalf. However, they would not be able to enter into contracts or buy/sell property on the person's behalf unless the power of attorney specifically gives them that authority.
• Making end-of-life decisions — The holder of a power of attorney cannot make decisions about whether or not to withdraw life support or any other end-of-life decision unless the power of attorney specifically gives them that authority.
• Making decisions about mental health treatment — The holder of a power of attorney cannot make decisions about mental health treatment unless the power of attorney specifically gives them that authority.
• Making legal decisions — The holder of a power of attorney cannot make legal decisions on behalf of the person they are representing. For example, they cannot file a lawsuit or represent the person in court. Unless the one who granted the power of attorney specifically gave the holder of the power of attorney the authority to make legal decisions, they can only make decisions that are within the scope of the power of attorney.

Some other important things to keep in mind about powers of attorney:

• A power of attorney is a legal document, and as such, it must be created and executed in accordance with state laws.
• A power of attorney can be revoked at any time by the person who granted it (the "principal"). The revocation must also be in accordance with state laws.
• Powers of attorney are typically used when someone is unable to make decisions for themselves, either because they are incapacitated or otherwise unable to communicate their wishes. However, there are also times when someone may want to grant a power of attorney even though they are still capable of making their own decisions. For example, someone who is going on an extended vacation may grant a power of attorney to someone else so that they can handle their financial affairs in their absence.
• A power of attorney can be as general or specific as the person who grants it wants it to be. For example, someone could grant a power of attorney that gives the holder of the power of attorney authority to make all medical decisions on their behalf. Or, they could grant a power of attorney that only gives the holder of the power of attorney authority to make decisions about a specific medical procedure.
• It's important to choose someone you trust to be your power of attorney. This person will have a great deal of authority over your affairs, and you need to be confident that they will act in your best interests.
• A power of attorney can be an important tool for protecting your rights and interests if you become incapacitated or otherwise unable to make decisions for yourself. It's important to understand how powers of attorney work and what authority they give to the holder of the power of attorney. With this knowledge, you can decide whether or not a power of attorney is right for you.

What is the best power of attorney to have?

There is no one "best" power of attorney, as the type of power of attorney that is right for you will depend on your individual needs. However, some common types of powers of attorney include healthcare powers of attorney, financial powers of attorney, and durable powers of attorney.

Each type of power of attorney confers different rights and responsibilities, so it is important to choose the one that best fits your needs. For example, a healthcare power of attorney gives someone the authority to make medical decisions on your behalf in the event that you are unable to do so yourself, while a financial power of attorney gives someone the authority to handle your finances in your absence.

Ultimately, the best power of attorney for you is the one that will give you the peace of mind of knowing that your affairs are in good hands.

Does power of attorney override a will?

A will is a document that governs what happens to your assets after you die. It names an executor, who is responsible for carrying out your wishes, and beneficiaries, who are the people or organizations that will receive your assets. A power of attorney (POA) is a document that gives someone else the legal authority to act on your behalf.

Generally, a POA will override a will if the two conflict with each other. This is because a POA is a more specific document that outlines your wishes regarding how you want your affairs to be handled. However, there are some circumstances in which a will may take precedence over a POA. For example, if you revoke your POA or if the person named in your POA dies before you do.

If you have both a will and a POA, it's important to keep them both up to date so that they don't conflict with each other. You should also name different people as your executor and your agent under your POA. That way, if something happens to the person named in your POA, there will still be someone who can carry out your wishes.

Can I do power of attorney myself?

Yes, you can. You'll need to complete a form and have it witnessed by a Notary Public. The person you appoint as your Attorney-in-Fact will need to sign the form as well.

Keep in mind that if you plan on giving someone authority to handle your finances, you'll want to choose someone you trust completely. This is a big responsibility, so make sure you are comfortable with the person you select.

You can revoke a power of attorney at any time as long as you are still competent. Simply notify your Attorney-in-Fact in writing that their authority has been revoked.

How long is a power of attorney good for in Florida?

A power of attorney is only good for as long as the person who granted it remains mentally competent. Once that person becomes incapacitated, the power of attorney is no longer valid.

Can power of attorney sell a property?

Yes, a power of attorney can sell a property. A power of attorney is a legal document that gives someone else the authority to act on your behalf. This means that the person you appoint as your power of attorney will be able to make decisions and take actions on your behalf, including selling your property. Of course, you will need to specify in the power of attorney document exactly what authority you are giving to the person you appoint, and they will only be able to sell your property if you have given them explicit permission to do so.

If you have any questions about whether a power of attorney can sell your property, you should consult with an experienced legal professional.

What is the difference between a lasting and enduring power of attorney?

A lasting power of attorney (LPA) is a legal document that gives someone you trust the authority to make decisions on your behalf. This could be about your property and financial affairs, or your health and welfare.

An enduring power of attorney (EPA) is similar to an LPA, but it only comes into effect if you lose mental capacity.

You can choose to have either an LPA, an EPA, or both. LPAs are more common, as they give you more control over when and how your attorney can make decisions on your behalf.

EPAs are only used in very specific circumstances and are usually only put in place if there is a high chance that you may lose mental capacity in the future. For example, if you have been diagnosed with a degenerative disease such as dementia.

If you have an LPA, your attorney can make decisions on your behalf as soon as the LPA is registered with the Office of the Public Guardian. If you have an EPA, your attorney can only make decisions on your behalf if you lose mental capacity.

You can cancel (revoke) an LPA at any time, as long as you have the mental capacity to do so. An EPA cannot be canceled once it has been registered unless you specifically include this in the EPA itself.

You should only appoint someone as your attorney if you trust them to make decisions in your best interests. This person could be a family member, friend, or professional such as a solicitor.

It’s important to understand that an LPA or EPA does not give your attorney the authority to make decisions about your life for you. They can only make decisions on your behalf if you are unable to do so yourself.

Related Articles:

• When Does a Florida Power of Attorney Expire?
• Florida Power of Attorney
• 9 Reasons You Need A Florida Power Of Attorney
• Florida Power of Attorney Laws