Legal Question in Wills and Trusts in Florida

Re: Poa

A POA can be certified by an affidavit of the principal that it is still in force and effect, is unrevoked, etc.

If he or she is no longer capable, the certification can be done by the attorney who prepared the document or the principal's current attorney.

Re: Poa

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further. Similar questions like this have been asked repeatedly.

Frankly, I do not understand what your question is as I do not understand what you mean by "needing to have a POA certified".

The requirements for the valid signing of a POA vary based on its intended use. If it will be used to transfer real property, it must be executed with all of the formalities of a Deed which would require two witnesses signing in the presence of a notary public.

I would suggest you ask what is meant by whomever has told you that you need to have the POA certified. Perhaps you have misunderstood the instructions.

Scott R. Jay, Esq.

Re: Poa

What you need to do is take the POA to the County Clerk at your County Courthouse. File the POA of record, then request a certified copy from the County Clerk.