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Does a power of attorney need witnesses or a notary? A power of attorney must be signed by the principal and by two witnesses to the principals signature, and a notary must acknowledge the principals signature for the power of attorney to be properly executed and valid under Florida law.
Starting July 1, 2020, Florida welcomed the use of remote online notaries (RON) in the execution of general durable power of attorney documents.
Draft the POA If you choose to draft the document yourself, its highly recommended that you review Floridas Power of Attorney Act requirements. Your POA must use clear and specific language and meet all state execution requirements, so you should be cautious about using generic online forms.
The state does not impose a requirement to file or disclose such documents in the public domain. However, a POA might be recorded with a county recorders office for a real estate transaction or filed during a legal proceeding to clear up conflicts related to an agents authority.
Section 709.2105(2), Florida Statutes, states: A power of attorney must be signed by the principal and by two subscribing witnesses and be acknowledged by the principal before a notary public or as otherwise provided in s. 695.03.
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