State Notary Agent®
The Florida Notary Public Directory
Under Fla. Stat. Chapter 709, a Florida power of attorney must be signed by the principal in the presence of two subscribing witnesses and must be acknowledged before a notary public.
That means three people beyond the principal: two witnesses and the notary. A notary alone is not sufficient, and this is by far the most common reason a POA signing has to be repeated.
In Florida a notary may generally serve as one of the two subscribing witnesses, provided they actually observed the principal sign and are not a party to or interested in the instrument. You still need a second, independent witness.
Because a POA is a high-stakes instrument, many practitioners prefer two independent witnesses plus a separate notary. Confirm with the attorney who drafted it.
A notary must be satisfied the principal is signing willingly and appears aware of what they are doing. A notary is not a doctor and does not assess legal capacity — but a notary who has genuine doubt should decline.
This comes up constantly in hospital and care-facility signings. If capacity is genuinely in question, that is a matter for the attorney and the treating physician, not the notary.
Yes. Under Fla. Stat. Chapter 709, a Florida power of attorney must be signed by the principal in the presence of two subscribing witnesses and acknowledged before a notary public.
Two subscribing witnesses, in addition to notarization.
Generally yes, if the notary actually observed the principal sign and has no interest in the instrument. A second independent witness is still required. Many practitioners prefer two independent witnesses plus a separate notary.
Yes. A notary who has genuine doubt that the principal is signing willingly or appears aware of what they are doing should decline. A notary does not assess legal capacity but is not required to proceed despite real doubt.
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