Under Florida law, the person establishing a power of attorney (the principal) needs to sign the document, and there must be two witnesses to this signature. Additionally, the document needs to be notarized by a notary public. Only when these official steps have been taken is the power of attorney (POA) properly established so that it will be valid — allowing another person to act on behalf of the principal.
There are some potential exceptions to this rule. These could apply if it is a military power of attorney, for example, or if someone created a power of attorney while they were living in another state. In such a case, they may have been able to establish the document using those state-specific laws, which can differ from the laws of Florida.
Why are these steps so important?
These steps are necessary because a power of attorney is such a crucial document. Under normal circumstances, only an individual may have the legal right to make certain decisions or take actions on their own behalf. However, a power of attorney can be used to give these rights to someone else.
Exactly how the document is used will be unique from case to case. A power of attorney is often used to give another person access to financial accounts or the ability to work on a property transfer. It may also be used by a principal to give an agent authority to make medical decisions for them.
Florida does not take the shifting of these legal powers lightly, which is why the power of attorney needs to be properly established in order to be valid. If you are creating your estate plan or considering giving someone this authority, it is wise to have experienced legal guidance.