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Chapter 709 — Powers of Attorney

Florida Statute 709.2120

Rejecting power of attorney

What it means

A power of attorney is only useful if the bank honors it. Section 709.2120 lists the limited grounds on which a third person may reject one — for example, actual knowledge that the agent's authority ended, a good-faith belief that the POA is invalid, or a refused request for a reasonable affidavit or opinion of counsel. For banking and investment transactions, four business days are presumed reasonable to accept or reject. A third person who rejects a valid power of attorney without a lawful reason can be ordered to accept it and held liable for damages, including attorney fees and costs.

— What it says
  • A third person may reject a POA only on listed grounds — such as knowing the agent's authority ended or a good-faith belief it is invalid.
  • For financial institutions, four days (excluding weekends and holidays) are presumed a reasonable time to accept or reject.
  • A third person may condition acceptance on an agent's affidavit, English translation, or opinion of counsel.
  • Wrongful rejection exposes the third person to a court order to accept, plus damages, attorney fees, and costs.
— In a real probate

How it plays out

Banks reject valid powers of attorney more often than people expect, usually out of institutional caution. Section 709.2120 is the answer. We prepare agents to supply what the statute lets a bank ask for — a short affidavit that the POA is still in force — which resolves most refusals in one visit. When an institution keeps stalling past the four-day window without a lawful reason, this section gives real leverage: a court can order acceptance and award the fees the family spent forcing the issue.

Where this shows up

Pages on this site where § 709.2120 does real work:

Questions people ask

Can a bank refuse a valid power of attorney in Florida?
Only for a reason listed in Florida Statute 709.2120, such as knowing the agent's authority ended or a good-faith belief the document is invalid. A bank that wrongfully rejects a valid POA can be ordered to accept it and held liable for damages and attorney fees.
The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 709.2120
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