(1) The agent must be a natural person who is 18 years of age or older or a financial institution that has trust powers, has a place of business in this state, and is authorized to conduct trust business in this state.
(2) A power of attorney must be signed by the principal and by two subscribing witnesses and be acknowledged by the principal before a notary public or as otherwise provided in s. 695.03.
(3) If the principal is physically unable to sign the power of attorney, the notary public before whom the principal’s oath or acknowledgment is made may sign the principal’s name on the power of attorney pursuant to s. 117.05(14).
History.—s. 7, ch. 2011-210; s. 3, ch. 2013-90.
Structure Florida Statutes
Title XL - Real and Personal Property
Chapter 709 - Powers of Attorney and Similar Instruments
Part II - Powers of Attorney (Ss. 709.2101-709.2402)
709.2104 - Durable power of attorney.
709.2105 - Qualifications of agent; execution of power of attorney.
709.2106 - Validity of power of attorney.
709.2107 - Meaning and effectiveness of power of attorney.
709.2108 - When power of attorney is effective.
709.2109 - Termination or suspension of power of attorney or agent’s authority.
709.2110 - Revocation of power of attorney.
709.2111 - Co-agents and successor agents.
709.2112 - Reimbursement and compensation of agent.
709.2113 - Agent’s acceptance of appointment.
709.2115 - Exoneration of agent.
709.2116 - Judicial relief; conflicts of interests.
709.2118 - Agent’s resignation.
709.2119 - Acceptance of and reliance upon power of attorney.
709.2120 - Rejecting power of attorney.
709.2201 - Authority of agent.
709.2202 - Authority that requires separate signed enumeration.
709.2208 - Banks and other financial institutions.
709.2301 - Principles of law and equity.
709.2302 - Laws applicable to financial institutions and entities.
709.2303 - Remedies under other law.
709.2401 - Relation to electronic signatures in federal law.