[FL] What if my POA is in another state?
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Short answer: yes, a Florida durable POA signed in Florida should be valid even if the agent lives in Colorado. What matters is where the principal (your parent) lives and where the POA is validly executed.
Important points:
- Make sure the POA is durable (language stating it survives the principal’s incapacity). Florida requires specific wording for durability.
- Florida execution rules: the principal must sign in the presence of two witnesses and a notary, all physically present together at signing. If the principal cannot sign, someone can sign on their behalf in front of witnesses and a notary.
- Many institutions (banks, healthcare providers) may have their own policies about out-of-state agents — it helps to share a certified copy with them in advance.
- For medical decisions, Florida typically uses a Designation of Health Care Surrogate (separate from a financial POA). It’s recommended to have a separate health-care surrogate form plus a HIPAA release so medical providers can share information with the agent.
- Witnesses should be disinterested adults (not beneficiaries or the agent). Technically, a stranger can witness, but it’s better to use neighbors or other non-interested adults who could later attest to capacity/voluntariness if needed. A mobile notary and neighbors on-site is fine.
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Will a Florida durable POA hold up if the agent is in Colorado? Is there any additional step needed to execute a POA?
I understand the concern. Is the POA specifically for Florida matters, or will it involve Colorado transactions too?
Looking to be able to step in with bills, etc. Also hoping to have the POA cover medical information — parent lives alone in Florida, agent lives in Colorado. Need to make financial and health decisions if needed.
Have you already prepared the Florida durable POA document, or are you looking for guidance on proper execution?
I filled out the form but need guidance. Also, Florida POA needs 2 witnesses plus notarization — any suggestion on who we should use to sign it?
Hi — I’m Jon, an attorney.
Hi.
Short answer: yes, a Florida durable POA signed in Florida should be valid even if the agent lives in Colorado. What matters is where the principal (your parent) lives and where the POA is validly executed.
Important points:
- Make sure the POA is durable (language stating it survives the principal’s incapacity). Florida requires specific wording for durability.
- Florida execution rules: the principal must sign in the presence of two witnesses and a notary, all physically present together at signing. If the principal cannot sign, someone can sign on their behalf in front of witnesses and a notary.
- Many institutions (banks, healthcare providers) may have their own policies about out-of-state agents — it helps to share a certified copy with them in advance.
- For medical decisions, Florida typically uses a Designation of Health Care Surrogate (separate from a financial POA). It’s recommended to have a separate health-care surrogate form plus a HIPAA release so medical providers can share information with the agent.
- Witnesses should be disinterested adults (not beneficiaries or the agent). Technically, a stranger can witness, but it’s better to use neighbors or other non-interested adults who could later attest to capacity/voluntariness if needed. A mobile notary and neighbors on-site is fine.
Can witnesses be random strangers in front of the notary?
Technically yes, but not advisable. Strangers may be unable to attest to the principal’s mental capacity or lack of undue influence later. Better to use disinterested neighbors, friends, or law-office staff.
If we assign a second agent, do they need to be present in Florida at signing?
No. A co-agent or successor agent does not need to be physically present when the principal signs. Only the principal, the two witnesses, and the notary must be present for execution.
What form should we use to give the agent permission to access medical information?
Use Florida’s Designation of Health Care Surrogate for medical decision-making and a separate HIPAA authorization (medical information release). The durable financial POA covers finances; the health surrogate covers healthcare decisions. Include HIPAA release so providers can give medical information to the agent.
Who should the witnesses be? Mobile notary on-site okay?
Yes — a mobile notary on-site plus two disinterested neighbors or other adults is fine. Avoid relatives or beneficiaries as witnesses.
Thanks.
