[FL] What are the signing requirements for a POA?

Lexi, Chatbot

I understand the importance of ensuring all parties can sign the Power of Attorney (POA) document. Is the POA document valid in both states?

Lexi, Chatbot

Have you checked if there are any specific requirements or restrictions for signing a POA document across state lines?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your Power of Attorney issue.

Andres Sanchez

Hello my name is Andres Sanchez and I am an attorney with 20 years of experience. What states are involved?

Andres Sanchez

If you’re handling a Power of Attorney (POA) for your grandmother in Florida, and you’re the primary agent (living in Maryland) with a possible second agent in Illinois, here’s how the signing usually works:

1. Check Florida law first. The form and signing requirements depend on Florida law because the principal — your grandmother — lives there. Florida generally requires:
   1. The principal’s signature in front of two witnesses and a notary.
   2. Sometimes the agents’ signatures are also notarized, depending on whether the POA form calls for it.
2. The agents don’t have to sign at the same time or in the same place. In most cases, the agents can sign separately and mail the pages back. So your second agent in Illinois can sign, notarize (if required), and mail the signed page to you or whoever is finalizing the POA.
3. Make sure it’s all assembled properly. When you submit the POA, the full document should include your grandmother’s notarized signature, the required witness signatures, and both agents’ properly signed and notarized pages if the form requires that.
4. Practical tip: Banks, title companies, and other third parties may want to see the original, so make sure the final document is one complete, clear version with all signatures attached.

Key point: The principal’s signing must comply with Florida’s formalities — the agents’ signatures can typically be done out-of-state as long as they meet the notarization/witnessing requirements on the form.

Andres Sanchez

Here are the verified Florida statutory requirements for witnesses on Powers of Attorney (POA), Medical POA (Health Care Surrogate), and Advance Directives:

1. Financial & Durable POA (Chapter 709)
   1. The principal’s signature must be made in the physical presence of two subscribing adult witnesses.
   2. That same signature must be acknowledged before a notary public to be valid under Florida law.
   3. There are no statutory restrictions on who the witnesses can be (e.g., they may be relatives or even the notary) unless specifically stated in the POA form.
2. Health Care Surrogate / Medical POA (Chapter 765.202)
   1. Must be signed by the principal in the presence of two subscribing adult witnesses
   2. At least one witness must not be:
      1. The principal’s spouse, or
      2. A blood relative (siblings, children, parents)
   3. The designated health care surrogate themselves cannot serve as a witness
   4. Notarization is not required for Medical POAs unless the form or provider specifically asks for it
3. Advance Directive
   1. Valid when signed by the principal in front of two adult witnesses
   2. At least one witness may not be the principal’s spouse or blood relative
   3. No notarization is required for advance directives in Florida

Andres Sanchez

Yes — here’s how it works in Florida:

Car Loan After Death

• Outstanding car loan → secured debt remains.
• The loan doesn’t disappear — the lender keeps its lien on the vehicle. The lender can repossess it or demand payment from:
  • The decedent’s estate (through probate),
  • A co-signer, or
  • An inheritor who takes ownership and assumes the debt

Estate’s role. If there's no co-signer, the estate must pay the loan. If assets aren’t sufficient, the lender may repossess.

Co-signer liability. If someone co-signed, they’re personally responsible for the outstanding debt.

Assumption by inheritor. Someone who inherits the vehicle may need to refinance or assume the loan, or the lender could repossess.

Title Transfer (POA Transfer-on-Death)

• Under FL Stat § 319.28, Florida does allow a transfer-on-death registration (sometimes called “beneficiary form”).
• This naming of a “beneficiary” means that upon the owner’s death, ownership automatically shifts to the named beneficiary.
• To finalize the transfer, the beneficiary must submit to FLHSMV:
  • A death certificate,
  • The existing title, and
  • A new title application in their name

But — crucially — any unpaid loan remains attached. The beneficiary inherits both the vehicle and the lien/debt.

So, is TOD valid in Florida?
Yes — Florida allows car ownership to pass via transfer-on-death registration without probate, using the state’s beneficiary form.
BUT — the beneficiary also inherits the lien and outstanding loan. If the car isn't paid off, expect to either refinance, pay off the loan, or potentially deal with repossession.

Steps You’d Take

• If there’s a car loan:
  • Notify the lender and provide a copy of the death certificate.
  • Estate or co-signer must settle the loan, or
  • The beneficiary can contact the lender to assume or refinance.
• If the vehicle is titled beneficiary form:
  • Submit death certificate, existing title, and title application.
  • Accept both the vehicle and its lien obligation.
• If titled solely in the decedent's name:
  • Use FL Stat § 319.28 procedures:
  • Heirs (intestate) or personal representative (testate) submit affidavit, death certificate, and title application.
  • No probate required if estate is solvent and heirs agree.

Andres Sanchez

Yes — you’d become responsible for the loan and can transfer the Florida title to Maryland. I am glad I could provide you some guidance. I hope everything works out for you and request me on the website if you have any more questions.

Andres Sanchez

You're welcome.