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Florida Statutes

Fla. Stat. § 709.2209 (2025)

Supported decisionmaking agreements.

✓ 2025 Florida Statutes: current through the 2025 Regular Session
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709.2209 Supported decisionmaking agreements.—
(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 a communication of the principal.
History.—s. 3, ch. 2024-242; s. 78, ch. 2025-6.
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: In Re: Amendments to Florida Prob. Rules - 2024 Legislation (Fla. 2024).
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In Re: Amendments to Florida Prob. Rules - 2024 Legislation (Fla. 2024). · cites it 6× “§ 709.2209, Fla. Stat. Supported decisionmaking agreements.”
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