No. In Florida, the notary who notarizes a power of attorney cannot also serve as one of the two witnesses required on the document. Notarization and witnessing are separate legal functions that must be performed by separate people, so a valid Florida power of attorney needs at least three people at the signing besides the principal: two witnesses and one notary.
The Three Roles Florida Requires
For any power of attorney signed in Florida on or after October 1, 2011, three things must happen at execution:
- The principal signs the document personally.
- Two subscribing witnesses watch the principal sign and then sign the document themselves.
- The principal acknowledges the signature before a notary public, who completes a notarial certificate with signature and official seal.
All three are mandatory. A power of attorney with witnesses but no notarization, or with a notary but only one witness, fails Florida’s execution requirements.1Justia. Florida Code 709.2105 – Qualifications of Agent; Execution of Power of Attorney The cleanest way to satisfy the statute is to have the principal, both witnesses, and the notary all present together during the signing.
Why the Notary Cannot Count as a Witness
The prohibition comes out of Florida’s notary statutes. A notary cannot notarize any transaction in which they are a party or have a financial interest.2Florida Department of State. Notary Education FAQ Once a notary signs the document as a witness, their own signature is on the instrument. Notarizing an instrument they have personally signed makes them, in effect, a party to the document rather than a neutral officer certifying someone else’s acknowledgment. That is what the rule blocks.
The practical effect: if the notary signs the witness line, either you need a different notary to complete the acknowledgment, or the roles collapse into one person and the execution is defective. Neither outcome is what you want on a document you may need to rely on years later.
Not every state does it this way. Maryland and New York permit the notarizing officer to count as a required witness. Pennsylvania, like Florida, prohibits it. A power of attorney executed in a state that allows the overlap may still be usable, but a Florida-executed document must keep the roles separate.
What the Notary Actually Does
The notary’s job is identity verification, not legal review. A Florida notary confirms that the person signing is who they claim to be and appears to be signing voluntarily. The notary does not evaluate whether the document itself is legally sound, whether the principal understands the powers granted, or whether the chosen agent is trustworthy.
Identity is verified either through the notary’s personal knowledge of the signer or through an acceptable government-issued ID such as a current Florida driver’s license or ID card, a U.S. passport, or a foreign passport stamped by U.S. immigration authorities. If the principal has none of these, one or two credible identifying witnesses who personally know the principal can swear to identity under oath.3Florida Senate. Florida Code 117.05 – Use of Notary Commission After confirming identity, the notary completes the notarial certificate with signature and seal.
What the Witnesses Actually Do
Witnesses serve a different function. Their signatures confirm they personally watched the principal sign, creating an independent record that the signing happened and was not forged or coerced. If the document is later challenged, the witnesses can be called to testify about what they observed.
Florida requires two witnesses on a power of attorney, and the person named as the agent in the document cannot be one of them.4Florida Senate. Florida Code 709.2105 – Qualifications of Agent; Execution of Power of Attorney Family members, including a spouse or adult children, are not technically disqualified, but using them invites later challenges: a suspicious relative or a cautious bank can argue the witnesses were biased or unduly influenced by the principal. The safer choice is two adults with no stake in the document. Neighbors, coworkers, or office staff at the location where you sign are all fine.
Does the Rule Change for Remote Online Notarization?
No. Florida permits powers of attorney to be signed and notarized through remote online notarization, with the principal, witnesses, and notary connected by live audio-video technology instead of gathered in one room. An online notary physically located in Florida can perform the notarization regardless of where the principal or witnesses happen to be.5Florida Legislature. Florida Code 117.265 – Online Notarization Procedures
Witnesses can also appear remotely over the same connection. A remote witness must be a U.S. resident physically located within the United States at the time of witnessing, with identity verified using the same procedures applied to the principal.6Florida Legislature. Florida Code 117.285 – Online Witnessing The session is recorded, and the platform runs screening questions to confirm the principal is not impaired.
The notary-as-witness prohibition still applies in the remote setting. You still need two separate witnesses and a separate notary, connected by video rather than seated at a table.
What Happens If the Notary Signs as a Witness Anyway
A power of attorney that fails Florida’s execution requirements is vulnerable to being declared invalid by a court. Consequences cascade from there. A bank presented with a defective power of attorney can refuse to let the agent access accounts or manage investments. A healthcare provider can reject a document that relates to medical decisions, leaving no one authorized to act for an incapacitated principal.1Justia. Florida Code 709.2105 – Qualifications of Agent; Execution of Power of Attorney
Even before a court gets involved, a properly cautious third party can spot the defect on the face of the document and refuse to honor it. Florida law protects third parties who accept a power of attorney in good faith when the document appears properly executed, so a document that visibly fails the execution requirements gives them a legitimate reason to say no.7Florida Legislature. Florida Code 709.2119 – Acceptance of and Reliance Upon Power of Attorney
When a power of attorney fails, the fallback is often a court-supervised guardianship proceeding, which is far more expensive and time-consuming than executing the document correctly in the first place. Guardianship requires filing a petition, potentially retaining an attorney for the alleged incapacitated person, attending hearings, and living with ongoing court oversight. Avoiding that outcome is the whole point of having a power of attorney.
Out-of-State Powers of Attorney
The Florida notary-witness rule governs documents executed in Florida. A power of attorney executed in another state does not have to meet Florida’s specific execution requirements; if it was validly executed under the laws of the state where it was signed, Florida will recognize it.8Florida Legislature. Florida Code 709.2106 – Validity of Power of Attorney Some states require only one witness, some require none, and some allow the notary to also count as a witness. A document executed under those rules can still be used here.
There is a practical catch. A third party in Florida asked to accept an out-of-state power of attorney can request a legal opinion confirming the document was validly executed under the other state’s laws, with the cost falling on the principal. If the agent cannot produce the requested opinion, the third party can reject the document.8Florida Legislature. Florida Code 709.2106 – Validity of Power of Attorney If you expect to rely on the document repeatedly in Florida, executing a fresh Florida-compliant power of attorney with two independent witnesses and a separate notary avoids that friction.
Three people at the table besides the principal, three separate signatures, three separate roles. That is the formula Florida expects, and the reason a notary cannot fill in as one of the witnesses.