Signing Over Authority
Fla. Stat. 709.2105 — two witnesses and a notary, and no springing power
In Florida, a power of attorney must be signed by the principal and by two subscribing witnesses, and acknowledged by the principal before a notary public. If the principal is physically unable to sign, the notary may sign the principal's name as the section allows.
Live when signed, with no waiting for incapacity. A Florida power of attorney is exercisable when executed. One that says it is to take effect at a future date or on a future event is ineffective, apart from the exceptions the section names, one of them for documents signed before October 1, 2011.
Durable only with the words. A power of attorney is durable if it contains the words the section sets out, that it "is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes," or similar words showing that intent.
| The assumption | What the law actually does |
|---|---|
| The assumptionIt kicks in if I lose capacity | What the law actually doesExercisable when executed; a document set to start on a future event is ineffective |
| The assumptionA notary is enough | What the law actually doesTwo subscribing witnesses and a notary's acknowledgment |
| The assumptionIt survives incapacity on its own | What the law actually doesDurable when it carries the section's words or similar ones |
| The assumptionThe agent can keep things informal | What the law actually doesThe agent must keep a record of all receipts, disbursements and transactions |
The agent is a fiduciary. Whatever the document says, an agent who has accepted the appointment must act only within the authority granted and in good faith, not contrary to the principal's reasonable expectations actually known to the agent, and not contrary to the principal's best interest except where the part allows, and must keep a record of all receipts, disbursements and transactions.
Records on request. Unless the document says otherwise, the agent need not disclose those records to just anyone, but must when a court orders it or when the principal, a guardian, another fiduciary, a protective agency or, after a death, the personal representative asks. A request is answered within 60 days, or the agent explains in writing why more time is needed and answers within an additional 60 days.
The agent must be a natural person 18 or older, or a financial institution with trust powers doing trust business in Florida. Revocation, the powers the part treats specially, and when a bank or other third party must accept a document each run under their own sections and are not on this page. Drafting, limiting or challenging one is a matter for a licensed Florida attorney.
Sources for this section (4)
- Fla. Stat. 709.2105 — Qualifications of agent; execution of power of attorney
- Fla. Stat. 709.2108 — When power of attorney is effective
- Fla. Stat. 709.2104 — Durable power of attorney
- Fla. Stat. 709.2114 — Agent's duties
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.