The Short Answer

In Florida, a financial power of attorney is only properly executed if the principal signs it in the presence of two witnesses and the principal’s signature is acknowledged before a notary. If those execution requirements are not met, banks and other third parties may refuse to honor the document or challenge its validity.

What Florida Law Says

Florida law is strict about how a power of attorney must be executed. For a financial POA (like one authorizing your mother to manage your bank account, with your father as an alternate agent), the document must be signed by you (the principal), witnessed by two subscribing witnesses, and notarized (acknowledged) to be valid under Florida’s Power of Attorney Act. These formalities matter because third parties (especially financial institutions) often scrutinize whether the POA was executed “in the manner required by law” before they will accept it.

The Statute

The primary law governing this issue is Fla. Stat. § 709.2105.

This statute establishes that a power of attorney must be signed by the principal, signed by two subscribing witnesses, and acknowledged by the principal before a notary public (with limited accommodations if the principal is physically unable to sign).

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Even a properly executed POA can be delayed in real life if a bank requests additional documentation (such as an agent affidavit) before it will accept and rely on the POA, which can matter when urgent access to funds or decision-making is needed. See, e.g., Fla. Stat. § 709.2119.
• Burden of Proof: If the POA is later questioned (by a bank, a hospital, or a family member), you may need to show it was executed correctly and that the agent is acting within the scope of authority—problems that often arise from unclear drafting or missing formalities.
• Exceptions: Certain “superpowers” (like gifting, changing beneficiaries, or creating survivorship rights) require special, separately signed/initialed authorization in Florida, and mistakes here can create major financial and estate-planning consequences. See Fla. Stat. § 709.2202.

Trying to handle this alone can lead to a POA that looks “finished” but is rejected when you actually need it, or that unintentionally grants broader authority than you intended.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.