Remote Online Notarization
Is It Really UPL If the Attorney Doesn’t Know the Rule?
This is one of those RON stories where my real-life calm, steady professional tone stays intact, but my internal monologue quietly writes a blog afterward.
Attorneys know drafting. We know execution. And sometimes those two universes collide in ways that produce very educational phone calls.
Florida’s Hidden Execution Rules
RON Execution Lives Outside the Traditional Legal Wheelhouse
Florida has a few execution rules that become non-negotiable the moment a document enters the online notarization world:- Wills & Healthcare Directives: If the principal is a vulnerable adult, witnesses must be physically present with them. Not remote.
- DPOA Superpowers (§709.2202): Those separate initial lines cannot be granted unless the witnesses are physically present. Remote witnesses = no powers.
A Smooth Signing… Until the Follow-Up Call
When Two Domains Collide
During the signing, I explained to the signer — calmly and as part of my notarial duties — that because their witnesses were remote, the superpowers section could not be initialed. They understood. The session went smoothly.Then their attorney received the document.
Attorney: “The POA is invalid. The superpower boxes aren’t initialed.” Me (calm tone): “The witnesses were remote, so the superpowers couldn’t be granted.” Me (internal blog voice): “In Florida, superpowers disappear the moment a witness signs from a recliner instead of a table.”Then came the follow-up:
Attorney: “Why didn’t you tell us this?”I’m perfectly comfortable talking to attorneys. Many appreciate learning these RON execution rules. Others… well, let’s just say unsolicited education can land differently depending on the audience — it’s the Glinda moment where you quietly determine whether you’re dealing with a good witch or a bad witch before deciding how far into the explanation you’re going to go.
I explained that I had covered this with their client during the session. The message simply didn’t make the return trip.To resolve the matter professionally, I offered to redo the signing with in-person witnesses at no charge.
The Real Question
Is It “Legal Advice,” or Just Knowing Your Job?
Here’s the rhetorical question behind the whole situation — rhetorical because I already know the answer:Is it unlicensed legal advice when the notary is the only one who knows the execution rule?
Attorneys know drafting. We know execution.
RON execution is not a footnote — it’s its own domain with identity requirements, witness restrictions, platform constraints, audio-video obligations, retention rules, and specialized notarial acts.
Drafting determines what the document says. Execution determines whether it actually works.
Most people underestimate how much the execution side carries the weight of validity.Why This Matters
RON Isn’t a Button — It’s a System
Even beautifully drafted documents fail when execution fails. And in RON, execution is the structure that everything rests on.- Witness rules & vulnerable adult restrictions
- Superpower limitations under §709.2202
- Identity proofing & credential analysis
- Audio-video compliance & retention
- Platform constraints & session orchestration
- Special notarial acts unique to RON
RON is where drafting and execution meet reality. A notary who understands this world doesn’t just prevent mistakes — they prevent invalid documents.
That’s why expertise matters, and why people rely on professionals who live in this lane every day.
A Practical Fix
An Attorney Refresher Pop-Up
Quick Florida RON Execution Refresher
– Vulnerable adults cannot use remote witnesses for wills/health directives
– DPOA superpowers require in-person witnesses
Click to acknowledge.
It sets expectations early and eliminates the “Why didn’t anyone tell us?” moment later.
Your Turn
If you’ve worked in RON, you’ve seen this dynamic:- Attorneys encountering execution rules they never knew existed
- Determining whether it’s a “good witch or bad witch” moment
- Staying calm externally while your inner monologue writes a comedy special
- Watching two professional worlds intersect — and you’re the only one who sees the collision coming
John Bayne
Co-Founder & CEO | Florida Document Specialists
📞 (386) 218-2523
📧 john@floridadocument.com
🌐 FloridaDocument.com
💬 Chat with us on WhatsApp
🌴 Family-Owned in Florida | Trusted Worldwide
💼 Partner with Us — Join Our Affiliate Program.
Co-Founder & CEO | Florida Document Specialists
📞 (386) 218-2523
📧 john@floridadocument.com
🌐 FloridaDocument.com
💬 Chat with us on WhatsApp
🌴 Family-Owned in Florida | Trusted Worldwide
💼 Partner with Us — Join Our Affiliate Program.