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A power of attorney must be signed by the principal, by two witnesses to the principal's signature, and a notary must acknowledge the principal's signature for the power of attorney to be properly executed and valid under Florida law.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
An original power of attorney may be required to be recorded into the Official Records if it is relied upon to affect title to real property. Please seek legal advice regarding use of a power of attorney or review Florida Statute 709 Part II.
In Florida, there is no requirement that durable power of attorney forms be filed somewhere specific. Some attorneys will record the durable power of attorneys in the public records in the county where the principal is located.
How to create a power of attorney in Florida Create your official document. You can work with an attorney, use estate planning software or download forms from the state of Florida. ... Sign your POA with the required notary and witnesses present. ... Provide a copy of your POA to other relevant parties.