1(1) 2A power of attorney terminates when:8(a) 9The principal dies;
12(b) 13The principal becomes incapacitated, if the power of attorney is not durable;
25(c) 26The principal is adjudicated totally or partially incapacitated by a court, unless the court determines that certain authority granted by the power of attorney is to be exercisable by the agent;
57(d) 58The principal revokes the power of attorney;
65(e) 66The power of attorney provides that it terminates;
74(f) 75The purpose of the power of attorney is accomplished; or
85(g) 86The agent’s authority terminates and the power of attorney does not provide for another agent to act under the power of attorney.
108(2) 109An agent’s authority is exercisable until the authority terminates. An agent’s authority terminates when:123(a) 124The agent dies, becomes incapacitated, resigns, or is removed by a court;
136(b) 137An action is filed for the dissolution or annulment of the agent’s marriage to the principal or for their legal separation, unless the power of attorney otherwise provides; or
166(c) 167The power of attorney terminates.
172(3) 173If any person initiates judicial proceedings to determine the principal’s incapacity or for the appointment of a guardian advocate, the authority granted under the power of attorney is suspended until the petition is dismissed or withdrawn or the court enters an order authorizing the agent to exercise one or more powers granted under the power of attorney. However, if the agent named in the power of attorney is the principal’s parent, spouse, child, or grandchild, the authority under the power of attorney is not suspended unless a verified motion in accordance with s. 266744.3203 267is also filed.270(a) 271If an emergency arises after initiation of proceedings to determine incapacity and before adjudication regarding the principal’s capacity, the agent may petition the court in which the proceeding is pending for authorization to exercise a power granted under the power of attorney. The petition must set forth the nature of the emergency, the property or matter involved, and the power to be exercised by the agent.
337(b) 338Notwithstanding the provisions of this section, unless otherwise ordered by the court, a proceeding to determine incapacity does not affect the authority of the agent to make health care decisions for the principal, including, but not limited to, those provided in chapter 765. If the principal has executed a health care advance directive designating a health care surrogate, the terms of the directive control if the directive and the power of attorney are in conflict unless the power of attorney is later executed and expressly states otherwise.
425(4) 426Termination or suspension of an agent’s authority or of a power of attorney is not effective as to an agent who, without knowledge of the termination or suspension, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
