For a Florida Durable Power of Attorney, is it legal for the notary to also be a witness?

UPDATED: Oct 1, 2022

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For a Florida Durable Power of Attorney, is it legal for the notary to also be a witness?

Our Bank has been presented with Florida Durable Power of Attorney where the Notary also signed as a witness. Is this acceptable?

Asked on January 4, 2019 under Estate Planning, West Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, it is legal, though it is not the preferred or typical way to do things. All a notary does is to essentially certify that he/she checked IDs or knows the people personally (so he/she can verify identity) and that the persons signing are those they claim to be; he or she can certify that he/she (as one of the signers) is who he/she represents to be.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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