How Florida wants it signed
Under Florida law a power of attorney must be signed by the principal in the presence of two witnesses, and acknowledged before a notary. The notary can be one of those witnesses only in limited situations, so plan for two separate people.
The witnesses cannot be the person receiving the power. Adult neighbours, colleagues or friends who are not named in the document usually work. In an online session the platform provides remote witnesses when they are needed.
What I do and what I cannot do
I verify the identity of everyone signing, confirm they understand what they are signing and are doing it freely, witness the signature, and complete the notarial certificate.
I cannot tell you which power of attorney you need, draft it, or explain what its clauses will do. That is legal advice and I am not an attorney. Bring the document ready, or have an attorney prepare it.
Online or in person
Both work for a power of attorney. An online session suits you if you are anywhere in Florida, in another state, or abroad. A mobile visit suits you if the signer is in hospital, in a care facility, or simply more comfortable on paper.
If the signer is elderly or unwell, Florida adds extra protections to online sessions with a vulnerable adult, which usually means having a witness present with them. Tell me the situation when you book and I will set it up correctly.
If the power of attorney will be used abroad
A document signed in Florida is not automatically valid in another country. Most countries require an apostille from the Florida Department of State after the notarization, and some consulates ask for a specific format or a translation.
I notarize the document and help you with the apostille filing, so it arrives in the right shape the first time.
What to bring
- The power of attorney, complete and unsigned.
- A current, government-issued photo ID for the person granting it.
- Two witnesses, if we are meeting in person.
- The full legal name of the person receiving the power, spelled as it appears on their ID.
Frequently asked questions
- Can I notarize a power of attorney online in Florida?
- Yes. Remote Online Notarization is valid for powers of attorney in Florida, and the platform can provide the witnesses the document requires.
- Does the person receiving the power need to be present?
- No. Only the person granting the power signs before me. I do need their full legal name as it appears on their identification.
- Can you write the power of attorney for me?
- No. Preparing or choosing legal documents is the work of an attorney. I notarize the document you bring.
- My relative is in hospital. Can they still sign?
- Yes, if they are awake, understand what they are signing and can say so clearly, and are signing of their own free will. If that is not the case on the day, I cannot notarize, and I will tell you honestly rather than risk the document.
- The power of attorney is in Spanish. Is that a problem?
- The document can be in Spanish. The notarial certificate I complete has to be in English, and I can explain everything to you in Spanish during the appointment.