How to Notarize a Power of Attorney Online in Florida
A Power of Attorney (POA) is one of the most important legal documents you can sign. It grants someone else the authority to act on your behalf in financial, medical, or legal matters. In Florida, notarizing a Power of Attorney is not just recommended — it is required for the document to be valid in many situations.
Thanks to Florida's Remote Online Notarization (RON) laws, you can now notarize a Power of Attorney from your home or office in about 15 minutes. This guide explains everything you need to know about notarizing a POA online in Florida.
Why Florida Requires Notarization for Powers of Attorney
Florida law treats Powers of Attorney seriously because of the significant authority they transfer. A notarized POA provides:
- Proof of identity — The notary verifies that the person signing the document is who they claim to be
- Evidence of willingness — Notarization confirms the signer is acting voluntarily and not under duress
- Fraud prevention — The notarial seal makes it harder for someone to forge or dispute the document later
- Third-party acceptance — Banks, hospitals, government agencies, and title companies typically require a notarized POA before honoring it
Under Florida Statute 709.2105, a Power of Attorney must be signed by the principal and two witnesses, and the principal's signature must be notarized. Without notarization, many institutions will refuse to recognize the document.
Types of Powers of Attorney in Florida
Before notarizing, make sure your document matches your needs:
Durable Power of Attorney
A Durable POA remains effective even if the principal becomes incapacitated. This is the most common type for estate planning and financial management. In Florida, a POA is considered durable unless the document specifically states otherwise.
Medical Power of Attorney
Also called a Designation of Health Care Surrogate, this grants someone authority to make medical decisions if you cannot communicate your wishes. Florida requires this document to be notarized or signed by two witnesses.
Limited Power of Attorney
A Limited POA grants authority for specific tasks or a defined timeframe. For example, you might grant someone limited POA to sell a specific property or manage a single bank account.
Springing Power of Attorney
A Springing POA only becomes effective upon a specific event, such as a doctor certifying incapacity. Florida law changed in 2011, and springing POAs created after October 1, 2011, must meet specific statutory requirements.
What You Need Before Your Online Notary Session
To notarize a Power of Attorney online with Rush Notary, have the following ready:
- The completed POA document — Fill in all blanks except the signature lines. Do not sign anything before the session.
- Government-issued photo ID — Valid driver's license, passport, or state ID. The ID must be current or expired less than five years.
- Two witnesses — Florida law requires two adult witnesses for most Powers of Attorney. The witnesses must be physically present with you or join via video if using remote online notarization. Witnesses cannot be named as agents in the POA.
- A device with camera and microphone — Computer, tablet, or smartphone with a stable internet connection.
- A quiet, well-lit space — The notary must see you and your document clearly.
The Online Notarization Process for a POA
Step 1: Upload Your Document
Start your session at rushcitynotary.com/start. Upload your Power of Attorney document securely. Our platform accepts PDF and Word files.
Step 2: Identity Verification
Before meeting the notary, you will complete identity verification:
- Credential analysis — Our system scans and validates your government-issued ID
- Knowledge-based authentication (KBA) — You will answer a series of questions based on your credit history and public records
Both steps are required by Florida law for remote online notarization.
Step 3: Meet Your Notary
A Florida-commissioned notary will join you via secure video call. The notary will:
- Confirm your identity visually
- Review the document to ensure completeness
- Witness your signature electronically
- Witness the signatures of your two witnesses
- Apply an electronic notarial seal and digital certificate
Step 4: Receive Your Notarized Document
After the session, you will receive:
- The notarized Power of Attorney as a PDF with embedded tamper-evident seal
- A session recording stored for ten years as required by Florida law
- Optional physical copies mailed to you upon request
The entire process typically takes 10 to 20 minutes.
Special Considerations for Real Estate POAs
If your Power of Attorney involves real estate transactions in Florida, additional requirements apply:
- The POA must specifically authorize real estate transactions
- The document should reference the property by legal description or address
- Some title companies and county recorders require the POA to be recorded in the official records
- Real estate POAs often require additional witness requirements depending on the county
Rush Notary recommends consulting with a Florida real estate attorney before notarizing a POA for property transactions.
Florida-Specific Legal Requirements
Florida made significant changes to Power of Attorney law with the 2011 Florida Power of Attorney Act. Key requirements include:
- The principal must have capacity at the time of signing
- The document must be notarized
- Two witnesses are required
- The agent's authority must be specifically granted — general grants of authority are limited under Florida law
- Certain powers, such as creating or modifying trusts, require the principal to initial specific provisions
If your POA was created before 2011, it may still be valid, but you should have it reviewed by an attorney to ensure it meets current requirements.
Cost of Notarizing a Power of Attorney Online
Rush Notary charges $25 per notary seal for online notarization. A Power of Attorney requires one seal for the principal's signature. If witnesses also require notarization, each additional seal is $25.
There are no hidden fees, travel charges, or subscription costs. You pay only for the notarization services you use.
Frequently Asked Questions
Q: Can I use a Power of Attorney notarized online in another state?
Most states recognize out-of-state notarizations under the Full Faith and Credit Clause. However, some institutions may have specific requirements. If you are using the POA outside Florida, confirm acceptance with the receiving party.
Q: What if I do not have two witnesses available?
Florida law requires two witnesses for a valid Power of Attorney. Rush Notary cannot waive this requirement. You must arrange for two adults to join your session. They can be family members, friends, or colleagues as long as they are not named as agents in the document.
Q: Can the notary also serve as a witness?
In Florida, a notary can serve as both a notary and a witness for a Power of Attorney, but this counts as only one of the two required witnesses. You will still need a second witness.
Q: How long is a notarized Power of Attorney valid in Florida?
A Durable Power of Attorney remains valid until revoked, until the principal dies, or until a court appoints a guardian. A Limited or Springing POA expires according to the terms specified in the document.