Florida Statute 709.2105
“Qualifications of agent; execution of power of attorney”
What it means
Section 709.2105 does two things. First, it says who may be an agent: a natural person 18 or older, or a financial institution with trust powers that operates in Florida. Second, it sets the signing formalities — a Florida power of attorney must be signed by the principal, signed by two subscribing witnesses, and acknowledged before a notary public. These are the same formalities Florida requires to sign away real estate. Miss any one of them and the power of attorney is not validly executed.
- The agent must be a natural person 18 or older, or a qualified trust institution doing business in Florida.
- Execution requires the principal's signature, two subscribing witnesses, and acknowledgment before a notary public.
- These are the same formalities as a deed — a POA is a serious instrument, not a fill-in form.
- If the principal cannot sign, the notary may sign the principal's name under s. 117.05(14).
How it plays out
This is the section that quietly invalidates the most powers of attorney we see. A free form printed off the internet, signed with one witness or none, notarized separately — it fails 709.2105, and the bank is right to reject it. We execute every POA the way we execute a deed: principal, two witnesses, and a notary, all in the room together. Getting that ceremony right at signing is far cheaper than discovering the defect years later, when the principal can no longer re-sign.
Where this shows up
Pages on this site where § 709.2105 does real work: