Is a Power of Attorney Signed in Another State Valid in Florida?

Section 709.2106 governs the validity of powers of attorney in Florida. Subsection (3) recognizes a power of attorney executed in another state that complied with that state's law at the time of execution.

Acceptance by a bank, title company, or other third party can still involve extra steps. When a power of attorney is valid in Florida solely because of section 709.2106(3), a third person asked to accept it may request, and rely on, an opinion of counsel on any matter of law concerning the document, including its due execution and validity. The opinion is at the principal's expense. If the requested opinion is not provided, the third person may reject the power of attorney without liability.

Subsection (4) separately recognizes a military power of attorney executed under 10 U.S.C. s. 1044b. Under subsection (5), a photocopy or electronically transmitted copy of an original has the same effect as the original, but the original may be required when the document must be recorded to affect title to real property.

Florida has its own signing rules for a power of attorney executed in Florida. Those requirements are covered in how a power of attorney is signed in Florida.