What it means
Section 709.2120 sets when a third person, such as a bank or broker-dealer, must accept a power of attorney. A third person must accept or reject one within a reasonable time. For a financial institution or broker-dealer, four days, excluding Saturdays, Sundays and legal holidays, are presumed reasonable for a banking transaction (with express authority under s. 709.2208(1)) or an investment transaction (with express authority under s. 709.2208(2)).
A third person may not require an additional or different form of power of attorney for authority granted in the one presented, and must state its reason for rejecting in writing unless paragraph (4)(a) applies.
A third person is not required to accept if it is not otherwise required to engage in the transaction; it knows the agent's authority or the power of attorney has terminated or been suspended; the agent refuses a timely request for an affidavit, English translation, opinion of counsel, or electronic journal or record; the power of attorney was witnessed or notarized remotely and the agent cannot produce the electronic journal or record, or the notary did not keep one; it believes in good faith that the power is invalid or the agent lacks authority; or it has made, or knows of, a report to adult protective services of suspected abuse, neglect or exploitation by the agent.
A third person that rejects in violation of the section is subject to a court order mandating acceptance and to liability for damages, including reasonable attorney fees and costs.
- A third person must accept or reject within a reasonable time; four days (excluding weekends and legal holidays) are presumed reasonable for qualifying banking or investment transactions (§ 709.2120(1)).
- A third person may not require a different form of power of attorney for authority already granted (§ 709.2120(2)).
- A rejection must be explained in writing, except where the third person is not otherwise required to do the transaction (§ 709.2120(3)).
- Listed grounds for refusal include knowledge of termination, a refused request for an affidavit or opinion of counsel, good-faith belief of invalidity, and an adult protective services report (§ 709.2120(4)).
- Wrongful rejection exposes the third person to a court order to accept and damages including attorney fees and costs (§ 709.2120(5)).
Text of the statute (2026)
(1) A third person must accept or reject a power of attorney within a reasonable time. Four days, excluding Saturdays, Sundays, and legal holidays, are presumed to be a reasonable time for a financial institution or broker-dealer to accept or reject a power of attorney with respect to: (a) A banking transaction, if the power of attorney expressly contains authority to conduct banking transactions pursuant to s. 709.2208(1); or (b) An investment transaction, if the power of attorney expressly contains authority to conduct investment transactions pursuant to s. 709.2208(2).
(2) A third person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented. (3) A third person who rejects a power of attorney for any reason other than as provided in paragraph (4)(a) must state in writing the reason for the rejection.
(4) A third person is not required to accept a power of attorney if: (a) The third person is not otherwise required to engage in a transaction with the principal in the same circumstances; (b) The third person has knowledge of the termination or suspension of the agent’s authority or of the power of attorney before exercising the power; (c) A timely request by the third person for an affidavit, English translation, opinion of counsel, or electronic journal or record under s. 709.2119 is refused by the agent; (d) The power of attorney is witnessed or notarized remotely through the use of online witnesses or notarization, and either the agent is unable to produce the electronic journal or record, or the notary public did not maintain an electronic journal or record of the notarization; (e) Except as provided in paragraph (b), the third person believes in good faith that the power is not valid or that the agent does not have authority to perform the act requested; or (f) The third person makes, or has knowledge that another person has made, a report to the local adult protective services office stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.
(5) A third person who, in violation of this section, rejects a power of attorney is subject to: (a) A court order mandating acceptance of the power of attorney; and (b) Liability for damages, including reasonable attorney fees and costs, incurred in any action or proceeding that confirms, for the purpose tendered, the validity of the power of attorney or mandates acceptance of the power of attorney.
Excerpts are the subsections the summary relies on. Read the full official text of § 709.2120.
History. s. 22, ch. 2011-210; s. 8, ch. 2013-90; s. 28, ch. 2019-71.
How it applies
Subsection (4) lists the situations in which a third person may decline a power of attorney. Outside those situations, a rejection in violation of the section carries the remedies in subsection (5): an order mandating acceptance, and damages that include reasonable attorney fees and costs of the action.
The four-day presumption in subsection (1) applies only to a financial institution or broker-dealer, and only where the document expressly grants the banking or investment authority. A refusal based on a request for an affidavit, translation, opinion of counsel, or electronic journal or record requires that the request was timely.
Where this shows up
Pages on this site where § 709.2120 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 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
- Durable Power of Attorney
Questions people ask
Sources
- Florida Statutes (2026), s. 709.2120 (“Four days, excluding Saturdays, Sundays, and legal holidays, are presumed to be a reasonable time”)
- Florida Statutes (2026), s. 709.2208 (banking and investment authority referenced in s. 709.2120(1))
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.