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Florida Statutes Title XL. Real and Personal Property § 709.2209. Supported decisionmaking agreements

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) For purposes of this section, “supported decisionmaking agreement” means an agreement in which the power of attorney grants an agent the authority to receive information and to communicate on behalf of the principal without granting the agent the authority to bind or act on behalf of the principal on any subject matter.

(2) A supported decisionmaking agreement is not a durable power of attorney under s. 709.2104. Any language of durability in a supported decisionmaking agreement is of no effect.

(3) A supported decisionmaking agreement may only include the authority to:

(a) Obtain information on behalf of the principal, including, but not limited to, protected health information under the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. s. 1320d, as amended; educational records under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. s. 1232g; or information protected under 42 U.S.C. s. 290dd-2 or 42 C.F.R. part 2.

(b) Assist the principal in communicating with third parties, including conveying the principal's communications, decisions, and directions to third parties on behalf of the principal.

(4) A communication made by the principal with the assistance of or through an agent under a supported decisionmaking agreement that is within the authority granted to the agent may be recognized as  1 a communication of the principal.

1 The word “for” preceding the word “as” was deleted by the Division of Law Revision to improve clarity.
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Cite this article: FindLaw.com - Florida Statutes Title XL. Real and Personal Property § 709.2209. Supported decisionmaking agreements - last updated January 01, 2025 | https://codes.findlaw.com/fl/title-xl-real-and-personal-property/fl-st-sect-709-2209/

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