My mother wants me to be a durable power of attorney and she lives in Florida. I live in Chicago. Do i need to go to Florida just to sign this document or can I sign it in front of a notary in Chicago and send it to her?
According to Section 709.2105(2), Florida Statutes, for a Florida Power of Attorney ("POA") to be valid, it "must be signed by the principal and by two subscribing witnesses and be acknowledged by the principal before a notary public or as otherwise provided in s. 695.03."
If you are going to be the attorney-in-fact under the POA, you do not need to sign anything in the POA.
Your mother should be careful in using online POA forms. Florida has strict requirements for POAs, and some online forms might not follow the strict requirements of Florida.
Your mother should should consult with a lawyer regarding these important documents. She might be paying less for online forms, but might not be guaranteed of its validity. A lawyer can also tailor-fit a POA for exactly what your mother needs for a POA.
No attorney-client relationship is formed through interaction with this attorney on this forum. Any response by this attorney to a question on this forum is for general information purposes only, and should not be construed as legal advice. You should not take any action based on the information in this forum. You should consult with an attorney regarding your case.
Attorney Perez is 100% correct. Florida's strict requirements for specific authority to be given is not something that can easily be done with online forms. It is vital that she see an attorney regarding these matters in order to ensure that her appointed attorney-in-fact is permitted to act on her behalf in the most effective way possible.
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