Florida Power of Attorney Requirements & Form

Florida requirements

• Florida's governing law is Part II of Chapter 709, Florida Statutes, the state's own power of attorney act.
• A power of attorney must be signed by the principal and by two subscribing witnesses, and the principal must acknowledge the signature before a notary public (Fla. Stat. 709.2105).
• If the principal is physically unable to sign, the notary public may sign the principal's name at the principal's direction as provided by Florida law.
• Durability is not automatic. Under Fla. Stat. 709.2104 the document must contain the statutory wording that it is not terminated by the principal's subsequent incapacity, or similar words showing that intent.
• Our general durable form is a general-purpose document; whatever form you use, it must be executed with two subscribing witnesses and a notary acknowledgment to satisfy Fla. Stat. 709.2105.
• If the power of attorney will be used for real estate, confirm any recording requirements with the county clerk of court before closing.

Frequently asked questions

Does Florida require witnesses and a notary for a power of attorney?

Yes, both. Fla. Stat. 709.2105 requires the principal's signature, two subscribing witnesses, and acknowledgment before a notary public. A document missing any of these does not meet Florida's execution standard.

Is a Florida power of attorney durable by default?

No. Under Fla. Stat. 709.2104 a power of attorney is durable only if it contains wording that it is not terminated by the principal's subsequent incapacity, or similar words showing that intent. Check that your document includes this language.

Official sources

• https://www.flsenate.gov/Laws/Statutes/2025/709.2105
• https://www.flsenate.gov/Laws/Statutes/2025/709.2104