Will a Florida durable power of attorney hold up if the agent lives in Colorado?
November 19, 2025
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A Florida Durable Power of Attorney (POA) should still be valid even if you, as the named agent, live in Colorado. What really matters is where your parent—the person granting the POA—lives when they sign it. Since your parent is a Florida resident and the POA will be signed in Florida, Florida law will apply.
Even if the POA is legally valid, it’s smart to be aware that some banks or other institutions may have their own rules about out-of-state POAs. As for you being in Colorado, many tasks can be handled remotely.
Florida has specific requirements for executing a valid POA: (Florida Statutes § 709.2101-709.2402)
- Your parent must be mentally competent when they sign
- Must be signed in front of two witnesses + a notary
- Everyone must be physically present together at signing
- Florida POAs must spell out every single power granted
- For medical decisions, Florida prefers a separate Health Care Surrogate form
- A HIPAA release is also required for medical information access
For witnesses, use disinterested adults (not family or beneficiaries). Neighbors or friends are fine. A mobile notary can come to your parent’s home.
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Will a Florida durable POA hold up if agent is in Colorado? Is there any additional steps needed to execute a POA?
I understand your concern about the validity of a Florida durable power of attorney with the agent being in Colorado. Is the power of attorney specifically for matters related to Florida or will it involve transactions in Colorado as well?
Looking to be able to step in with bills etc.
Have you already had the Florida durable power of attorney document prepared and signed, or are you looking for guidance on how to properly execute it?
I filled out the eform but looking for guidance.
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with executing your Florida durable power of attorney for bill management.
Hoping to also have the POA for medical information, POA is needed to step in on anything needed due to financial or health needs. Parent lives by themselves in Florida while agent lives in Colorado. Need to be able to make decisions and access to information in order to make the decisions.
Hello and thank you for reaching out to AskALawyer! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.
I know legal matters can feel overwhelming, but you're in good hands. I’ll do my best to make things clear and provide you with the guidance you need. Let’s work together to find the right solution for your situation.
You want to know if it will hold up? It is not signed yet?
No it's not signed yet. Plan to have it signed prior to going back to Colorado. Want to make sure I have all the proper documentation.
Understood! I think I have all the information I need, but is there anything else you'd like to add before I get started on your answer? If not, I'll start working on a response for you right away.
Thank you, just need to make sure the POA that we execute will give the agent the power to step in with financial and health decisions. Parent is by themselves in Florida and could have health (dementia) in the future. Runs in the family.
Also looks like the POA in Florida needs to be witnessed by 2 people plus notarized. Suggestion on who we use to sign it?
A Florida Durable Power of Attorney (POA) should still be valid even if you, as the named agent, live in Colorado. What really matters is where your parent—the person granting the POA—lives when they sign it. Since your parent is a Florida resident and the POA will be signed in Florida, Florida law will apply.
Even if the POA is legally valid, it’s smart to be aware that some banks or other institutions may have their own rules about out-of-state POAs. As for you being in Colorado, many tasks can be handled remotely.
Florida has specific requirements for executing a valid POA: (Florida Statutes § 709.2101-709.2402)
- Your parent must be mentally competent when they sign
- Must be signed in front of two witnesses + a notary
- Everyone must be physically present together at signing
- Florida POAs must spell out every single power granted
- For medical decisions, Florida prefers a separate Health Care Surrogate form
- A HIPAA release is also required for medical information access
For witnesses, use disinterested adults (not family or beneficiaries). Neighbors or friends are fine. A mobile notary can come to your parent’s home.
Can the witnesses be random strangers in front of the notary?
While Florida law technically permits any competent adult— even “random strangers”—to witness a durable POA, it's not advisable. It's best to use disinterested witnesses who have no financial interest. Neighbors are a much better option.
One last question: if we assign a 2nd agent do they need to be present in Florida at the time of signing the Durable POA?
No, if you assign a second agent (a “co-agent” or “successor agent”) they do not need to be physically present.
