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Florida · Chapter 709Florida power of attorney for a real estate closing: what the title company will ask for

When a buyer or seller can't sign at a Florida closing, an agent under a power of attorney may sign for them – if the document meets the Florida Power of Attorney Act. The agent must be a natural person 18 or older, or a financial institution with trust powers and a place of business in Florida (§709.2105(1)). The power of attorney must be signed by the principal and by two subscribing witnesses and acknowledged by the principal before a notary public (§709.2105(2)). A power of attorney signed on or after October 1, 2011 is valid if it meets those requirements; one signed in another state that doesn't meet them is still valid in Florida if it complied with the law of the state where it was signed, but a third person may request an opinion of counsel at the principal's expense and may reject it if the agent doesn't provide one; military powers of attorney under 10 U.S.C. §1044b are valid (§709.2106). A photocopy or electronic copy has the same effect as the original unless the power of attorney says otherwise – except that an original relied on to affect title to real property may be required for recording in the official records. A title company or lender that accepts a power of attorney in good faith may rely on it, and may require the agent to sign an affidavit that the principal is alive, the power hasn't been revoked or terminated, no incapacity or guardianship proceeding has suspended it, and no divorce or separation action between agent and principal has ended the agent's authority (§709.2119). A third person must accept or reject within a reasonable time, must state the reason for a rejection in writing, and may not demand a different form for authority the document already grants – but may reject if, for example, the agent refuses a timely request for the affidavit, a translation or an opinion of counsel, a remotely witnessed or notarized power lacks the electronic journal or record, or it believes in good faith the power isn't valid (§709.2120).

Signing it (§709.2105)

  1. 1. Agent

    A natural person 18+, or a Florida financial institution with trust powers.

  2. 2. Principal signs

    Plus two subscribing witnesses.

  3. 3. Notary

    The principal's acknowledgment before a notary public.

Using it at closing

  1. Out-of-state POA (§709.2106(3))

    Valid if valid where signed; an opinion of counsel may be requested at the principal's expense.

  2. Original for recording (§709.2106(5))

    Copies work, but an original may be required when recorded to affect title.

  3. Agent's affidavit (§709.2119)

    Principal alive, POA not revoked or suspended, no divorce action ending authority.

  4. Rejection (§709.2120)

    Within a reasonable time, with written reasons.

What the TC can do

  • As soon as someone plans to sign by power of attorney, send a copy to the title company and the lender for approval.
  • Ask whether they need the original for recording and the agent's affidavit, and when.
  • If the POA was signed in another state or notarized online, ask early whether an opinion of counsel or the electronic record will be required.

Questions about Florida powers of attorney

Does a Florida power of attorney need witnesses?

Yes. It must be signed by the principal and two subscribing witnesses and acknowledged before a notary public (Florida Statutes §709.2105(2)).

Is an out-of-state power of attorney valid in Florida?

Yes, if it complied with the law of the state where it was signed; a third person may request an opinion of counsel at the principal's expense and may reject it if it isn't provided (§709.2106(3)).

Does the title company need the original power of attorney?

A copy generally has the same effect, but an original relied on to affect title to real property may be required for recording (§709.2106(5)).

Related guides

Add the power of attorney as a document on the deal in ClosingCode and a task for the title company's approval, with an owner and a due date.

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Source: Florida Statutes §§709.2105, 709.2106, 709.2119 and 709.2120 (leg.state.fl.us, read October 26, 2026).

General information, not legal advice. The title company decides whether it will accept a power of attorney for closing. ClosingCode is software; it is not a law firm or title company. This guide is not a substitute for the advice or services of an attorney.