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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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