Florida modifies its power of attorney statutes. Florida’s enactment requires a power of attorney to be acknowledged before a Notary Public and witnessed by two subscribing witness. In line with other states that have adopted the Act, Florida’s enactment permits a power of attorney to be electronically signed, and by inference, electronically notarized. Notaries should take note that the Act explicitly states that an agent, if a natural person, must be at least 18 years of age or older. Thus, if an agent presents a power of attorney to a Notary as proof of representative capacity in order for the agent to sign documents in the principal’s name and this agent is not at least 18 years of age, the Notary should decline to notarize for this individual.
FL Senate Bill 670
Legislation
State: Florida
Signed: June 21, 2011
Effective: October 01, 2011
Chapter: 2011-210
Summary
Florida modifies its power of attorney statutes, requiring a power to be signed by the principal in the presence of two subscribing witnesses and acknowledged before a Notary Public.
Affects
Creates Chapter 709 of the Florida Statutes.
Changes
- Requires a power of attorney to be signed by the principal, witnessed by two subscribing witnesses and acknowledged by the principal before a Notary.
- Requires an agent appointed by a power of attorney, if a natural person, to be at least 18 years of age.
- Permits a power of attorney to be electronically signed (and, by implication, electronically notarized).
- Exempts from the scope of the Act a proxy or other delegation to exercise voting rights or management of rights with respect to an entity; a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose; a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; and a power created by a person other than an individual.
Analysis
Florida modifies its power of attorney statutes. Florida’s enactment requires a power of attorney to be acknowledged before a Notary Public and witnessed by two subscribing witness. In line with other states that have adopted the Act, Florida’s enactment permits a power of attorney to be electronically signed, and by inference, electronically notarized. Notaries should take note that the Act explicitly states that an agent, if a natural person, must be at least 18 years of age or older. Thus, if an agent presents a power of attorney to a Notary as proof of representative capacity in order for the agent to sign documents in the principal’s name and this agent is not at least 18 years of age, the Notary should decline to notarize for this individual.