The Short Answer

In Florida, a power of attorney (POA) can still be valid even if the principal has dementia and has never been formally found “incompetent”—but only if the principal had sufficient mental capacity at the time the POA was signed and the document was executed with Florida’s required formalities. Dementia raises red flags for later challenges (capacity, undue influence, fraud), so the facts around signing often determine whether the POA holds up.

What Florida Law Says

Florida law focuses heavily on whether the POA was properly executed and whether the principal’s authority was intended to continue even if the principal later becomes incapacitated. A dementia diagnosis does not automatically void a POA; the key legal question is typically the principal’s capacity at the time of execution and whether anyone improperly pressured or manipulated the principal.

The Statute

The primary law governing this issue is Fla. Stat. § 709.2106.

This statute establishes that a POA is valid (for those executed on or after October 1, 2011) if it was executed in compliance with Florida’s execution requirements.

For many families dealing with dementia, “durability” is also critical. Florida provides that a POA is durable if it includes specific durability language (or similar wording) showing the principal’s intent that the agent’s authority continues despite the principal’s later incapacity. See Fla. Stat. § 709.2104.

Separately, Florida law recognizes that “capacity” can be evaluated in different contexts. For example, for health care decision-making, a principal is presumed capable unless determined incapacitated under the medical-record process in Chapter 765. See Fla. Stat. § 765.204. (A Chapter 765 incapacity determination is not automatically a finding of incapacity for all purposes.)

Why You Should Speak with an Attorney

While the statutes provide the framework, POA disputes involving dementia often turn into evidence-heavy fights among family members, caregivers, and financial institutions. Legal outcomes often depend on:

• Strict Formalities and Acceptance Issues: Even a “good” POA can be rejected if there are execution defects or if third parties question validity and demand additional assurances under Florida’s POA rules.
• Burden of Proof (Capacity and Undue Influence): Dementia creates a predictable line of attack: “They didn’t understand what they were signing” or “someone pressured them.” Proving (or disproving) capacity usually requires medical records, witness testimony, and a careful timeline.
• Guardianship Risk and Court Intervention: If the POA is challenged as invalid, families may end up in an incapacity/guardianship proceeding. Florida’s incapacity process is governed by Chapter 744 procedures. See, e.g., Fla. Stat. § 744.331.

Because the stakes often include control of finances, real estate, and medical decisions, trying to “paper over” a dementia-related POA problem without counsel can trigger litigation, delays, and allegations of exploitation.

If you want more background reading, see: Guardianship vs. Durable Power of Attorney in Florida and How to Choose and Appoint a Health Care Surrogate and Financial Power of Attorney in Florida.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.