Can You Grant Multiple People in Florida Your Power of Attorney (POA)

A power of attorney (POA) is one of the most important estate planning tools. It is a key part of preparing for the risk of incapacity. You may be wondering: Can you name multiple people as your agent in Florida? The short answer is “yes.” Florida law allows you to appoint more than one agent under a power of attorney. Though, the real question is not whether you can. It is whether you should, and if so, how you structure it. Here, our St. Petersburg estate planning attorney explains the key things to know about granting multiple people your POA in Florida.

Know the Law: POA in Florida

Florida’s Power of Attorney Act, codified at Chapter 709 of the Florida Statutes, governs creation and use of POAs. Under § 709.2111, you may designate two or more people to act as co-agents. The statute also permits you to specify whether they must act jointly or may act independently.

Joint Agents vs. Independent Authority 

If you require co-agents to act jointly, every decision must be unanimous. That structure can provide internal oversight. However, It can also create paralysis. Here is the potential issue:

• Imagine two adult children serving together. One lives in Miami. The other lives in Atlanta. A bank needs immediate authorization to move funds. If the document requires joint action, both signatures become mandatory. If one is unavailable, nothing happens.

Florida law presumes co-agents may act independently unless the document states otherwise. Independent authority reduces delay but increases risk. One agent can act without consulting the other. If conflict arises later, the damage may already be done.

Fiduciary Duties Still Apply to Each Agent

Every agent under a Florida POA owes fiduciary duties. Section 709.2114 imposes duties of loyalty, good faith, and acting within the scope of authority granted. Co-agents must act in the principal’s best interests. They must keep records. They must avoid self-dealing unless expressly authorized. When multiple agents serve, each remains individually responsible for his or her own misconduct. A co-agent is not automatically liable for another agent’s actions unless he participates in or conceals the breach.

There are Practical Risks to Naming Multiple Agents

Families often assume that naming multiple children keeps things fair. Fairness is not the legal standard. For example, if siblings disagree about investment strategy, real estate sales, or gifting, the dispute can escalate quickly. Financial institutions may freeze accounts when agents provide conflicting instructions. Healthcare providers may hesitate if authority appears unclear. Florida law does not solve family dynamics. It only defines authority. A well-drafted POA should anticipate friction and reduce ambiguity. 

Call Our St. Petersburg, FL POA Attorney Today

At Fisher & Wilsey, P.A., our St. Petersburg estate planning lawyer is standing by, ready to help. If you have any questions about powers of attorney, we can help. Please do not hesitate to contact us today for a completely confidential, no obligation case review. Our firm provides estate planning services in St. Petersburg, Pinellas County, and throughout the broader region in Florida.