[FL] [FL] Can a POA be signed in multiple states?

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

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:
   • The principal’s signature in front of two witnesses and a notary.
   • 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.

Yes — Florida law imposes specific notarization and witnessing requirements, but these apply only to the principal (your grandmother), not to the agents.

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

1. Financial and Durable POA (Chapter 709)
   • The principal’s signature must be made in the physical presence of two subscribing adult witnesses.
   • That same signature must be acknowledged before a notary public.
   • There are no statutory restrictions on who the witnesses can be unless the form states otherwise.

2. Health Care Surrogate / Medical POA (Chapter 765.202)
   • Must be signed by the principal in the presence of two subscribing adult witnesses.
   • At least one witness must NOT be the principal’s spouse or a blood relative.
   • The designated health care surrogate cannot serve as a witness.
   • Notarization is not required unless the form specifically requests it.

3. Advance Directive
   • Must be signed by the principal in front of two adult witnesses.
   • At least one witness must not be the principal’s spouse or blood relative.
   • No notarization is required.

Yes — here’s how it works in Florida:

Car Loan After Death
• Any outstanding car loan remains. The lender keeps its lien on the vehicle.
• The lender can repossess or require payment from the estate, a co-signer, or the inheritor who takes ownership.

Estate’s Role
• If there's no co-signer, the estate must pay the loan, or the lender may repossess.

Co-signer Liability
• A co-signer is fully responsible for the balance.

Taking Over the Loan
• An inheritor may need to refinance or assume the loan.

Transfer-on-Death (TOD) for Vehicles
Florida allows a transfer-on-death designation through a beneficiary form under Florida Statute 319.28.

Upon death, ownership transfers automatically to the named beneficiary, who must submit:
• A death certificate
• The existing title
• A new title application

Important: The lien stays attached. The beneficiary inherits both the vehicle and the debt.

If titled solely to the decedent, heirs or the personal representative may transfer title using an affidavit, the death certificate, and a title application.

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

You're welcome.