Florida Statute 709.2105
“Qualifications of agent; execution of power of attorney”
What it means
Section 709.2105 covers who may be an agent and how a power of attorney is signed. The agent must be a natural person 18 or older, or a financial institution that has trust powers, has a place of business in Florida, and is authorized to conduct trust business in Florida.
A power of attorney 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 the principal is physically unable to sign, the notary before whom the principal’s oath or acknowledgment is made may sign the principal’s name under s. 117.05(14).
Related: under s. 709.2202(6), a power of attorney signed by a Florida-domiciled principal and witnessed remotely by a witness who is not in the principal’s physical presence cannot grant the authorities listed in s. 709.2202(1).
- An individual agent must be a natural person 18 or older (§ 709.2105(1)).
- A corporate agent must be a financial institution with trust powers, a Florida place of business, and authority to conduct trust business in Florida (§ 709.2105(1)).
- The principal and two subscribing witnesses must sign, and the principal must acknowledge before a notary public (§ 709.2105(2)).
- If the principal is physically unable to sign, the notary may sign the principal's name under s. 117.05(14) (§ 709.2105(3)).
- A power of attorney signed by a Florida-domiciled principal and witnessed remotely by a witness not physically present cannot grant the s. 709.2202(1) authorities (§ 709.2202(6)).
Text of the statute (2026)
(1) The agent must be a natural person who is 18 years of age or older or a financial institution that has trust powers, has a place of business in this state, and is authorized to conduct trust business in this state.
(2) A power of attorney 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.
(3) If the principal is physically unable to sign the power of attorney, the notary public before whom the principal’s oath or acknowledgment is made may sign the principal’s name on the power of attorney pursuant to s. 117.05(14).
(6) Notwithstanding subsection (1) and s. 709.2106(3), a power of attorney, executed by a principal domiciled in this state at the time of execution, that is witnessed remotely pursuant to s. 117.285 or other applicable law by a witness who is not in the physical presence of the principal is not effective to grant authority to an agent to take any of the actions enumerated in subsection (1).
Excerpts are the subsections the summary relies on. Read the full official text of § 709.2105.
History. s. 7, ch. 2011-210; s. 3, ch. 2013-90.
How it applies
Subsection (2) lists three execution elements: the principal's signature, the signatures of two subscribing witnesses, and the principal's acknowledgment before a notary public (or as provided in s. 695.03). Section 709.2120 separately lists when a third person may decline a power of attorney, including a good-faith belief that it is not valid.
The agent qualification in subsection (1) has two alternatives. An individual must be at least 18. An institution must meet all three trust-business conditions stated in the subsection.
Where this shows up
Pages on this site where § 709.2105 does real work:
- When to update a Florida estate plan: marriage, divorce, a birth, a death, a move, new assets and incapacity, what Florida law changes automatically and which documents to review after each event
- Florida will checklist: who may make a will, signing and witness rules under section 732.502, the self-proving affidavit, and decisions on beneficiaries, personal representative, guardian and homestead
- Florida snowbird estate planning: domicile, homestead, other-state taxes and ancillary probate
- Power of attorney in Florida: execution rules, durable language, agent powers, bank acceptance and revocation
- Free Florida Durable Power of Attorney Form
Questions people ask
Sources
- Florida Statutes (2026), s. 709.2105 (“signed by the principal and by two subscribing witnesses”)
- Florida Statutes (2026), s. 709.2202 (subsection (6) on remote witnessing and the subsection (1) authorities)
- Florida Statutes (2026), s. 709.2120 (grounds on which a third person may decline a power of attorney)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.