General Durable Power of Attorney and Remote Online Notarization

Remote Online Notary – Florida General Power of Attorney Documents (POA)Online Notary Power of Attorney Florida

Effective July 1, 2020, Florida remote online notaries were given the authority to perform acknowledgements in the execution of general durable power of attorney documents.  Because of the potential abuse of such powerful documents, online notaries must follow a much stricter protocol when performing online notarization of power of attorney documents compared to other documents notarized online.  The following is a guide to our company policy.  Remember, we are not a law firm, and none of us are lawyers.  We cannot and will not provide legal advice or review your documents for legal sufficiency.  If you want to learn more about power of attorney documents in general, please visit our page on durable power of attorney documents..

Policy of Florida Document Specialists

  • The general durable power of attorney document presented for online notarization must be a “Florida General Durable Power of Attorney” that conforms to the provisions of FS Chapter 709.
  • The principal signer to any Florida general durable power of attorney document notarized online by our company must not be a resident of, or be physically located in, a nursing home or an assisted living facility.  Signers in hospitals are considered for online notarization on a case by case basis.
  • The principal signer to a Florida general durable power of attorney document notarized online must not be a vulnerable adult as defined in Florida Statute 415.102.
  • The general durable power of attorney document submitted to us for online notarization (RON), must contain wording similar to the following:

THIS POWER OF ATTORNEY DOES NOT GRANT ANY OF THE “SUPER POWERS” ENUMERATED IN FLORIDA STATUTES §709.2202.  MY AGENT (ATTORNEY-IN-FACT) DOES NOT HAVE THE POWER TO CREATE AN INTER VIVOS TRUST, THE POWER TO AMEND, MODIFY, REVOKE, OR TERMINATE A TRUST CREATED BY THE PRINCIPAL, THE POWER TO MAKE GIFTS, THE POWER TO CREATE OR CHANGE RIGHTS OF SURVIVORSHIP, OR THE POWER TO CREATE OR CHANGE BENEFICIARY DESIGNATIONS.

Florida Online Notary Law Relating to Vulnerable Adults

If the principal signer cannot honestly answer “NO” to ALL of the following three questions, we cannot notarize their Florida general power of attorney using remote online notarization (RON).

  • Are you under the influence of any drug or alcohol today that impairs your ability to make decisions?
  • Do you have any physical or mental condition or long-term disability that impairs your ability to perform the normal activities of daily living?
  • Do you require assistance with daily care?

Consumer Protection Warning

You should be aware that if the principal signer of a Florida general durable power of attorney document, who has their signature acknowledged by use of remote online notarizations where witnesses are not physically present with them, and is later found to have been a vulnerable adult as defined in section 415.102, Florida Statutes at the time the power of attorney was notarized online, the power of attorney document IS NOT valid.  If you suspect the principal signer (grantor) of a Florida general durable power of attorney may be a vulnerable adult, you should have witnesses physically present when the durable power of attorney is signed, and you should not proceed with remote online notarization of the durable power of attorney.

Additional Questions to be Asked during the Remote Online Notary (RON) Session for Power of Attorney:

The remote online notary will ask the principal signer of a Florida general durable power of attorney document the following questions, which will be audio-video recorded:

  1. Are you currently married? If so, name your spouse. 
  2. Please state the names of anyone who assisted you in accessing this video conference today. 
  3. Please state the names of anyone who assisted you in preparing the documents you are signing today. 
  4. Where are you currently located? 
  5. Who is in the room with you? 

Online Remote Notary Discretion is Final

The online remote notary who is performing the online notarization (RON) of a durable general power of attorney has complete discretion and the final word in whether or not to complete an online notarization of a Florida durable power of attorney document.  If the online notary makes the decision to end the online notary session, that decision is final.  If a RON session is ended for this reason, the customer may be eligible for a partial refund of fees paid.

Document Preparation Assistance for Florida Durable Power of Attorney

Florida Document Specialists provides nonlawer document preparation services for Florida General Power of Attorney documents suitable for remote online notarization.  These documents are completed based on the factual information provided by the grantor (principal signer) in writing using an online questionnaire.  Remember, we are not a law firm, and you are responsible responsible for the content of any document we type for you.  If you would like to order a durable general power of attorney document, please click the below button to get started or return to our main page on remote online notarization.