No. In Florida, a notary public cannot serve as one of the two witnesses on a power of attorney. The notarization and the witnessing are separate legal functions, and the same person cannot perform both on the same document. That means at least four people are involved at the signing: the principal, two witnesses, and the notary.
Why Florida Keeps the Roles Separate
The prohibition comes from Florida’s notary statutes, which bar a notary from notarizing any transaction in which the notary is a party or has a financial interest.1Florida Department of State. Notary Education FAQ The moment a notary signs the document as a witness, their own signature becomes part of the instrument. Notarizing a document they have already signed as a participant collapses the two roles the law requires to stay distinct.
The reasoning is practical. A witness exists to provide an independent account of the signing if the document is later challenged. A notary exists to verify the signer’s identity and confirm the acknowledgment. Merging the two leaves the document with no independent witness at all, only the notary wearing two hats. Florida law does not allow that shortcut.
Not every state draws the line the same way. Maryland and New York, for example, let the notary count as one of the required witnesses. Pennsylvania, like Florida, prohibits it. The Florida rule governs any power of attorney executed in Florida.
What a Valid Florida Power of Attorney Requires
For a power of attorney signed on or after October 1, 2011, Florida requires three distinct execution elements, all mandatory:
- The principal must personally sign the document.
- Two subscribing witnesses must watch the principal sign and then sign themselves.
- The principal must acknowledge the signature before a notary public, who completes a notarial certificate with signature and seal.
A power of attorney with only one witness, or with notarization but no witnesses, fails Florida’s execution requirements.2Justia. Florida Code 709.2105 – Qualifications of Agent; Execution of Power of Attorney The principal, both witnesses, and the notary should all be present at the signing so there is no question about whether each formality was observed.
Who Can Serve as a Witness
The two witnesses must be people other than the notary and other than the person named as the agent. Florida law specifically disqualifies the agent from witnessing the document.3Florida Senate. Florida Code 709.2105 – Qualifications of Agent; Execution of Power of Attorney
Family members, including the principal’s spouse and children, are not technically barred, but using them invites later challenges. A relative who disagrees with how the agent is acting, or a bank reviewing the document, can argue the witnesses were biased. The safer approach is two adults with no stake in the document: neighbors, coworkers, or staff at the office where the signing takes place. The notary’s own staff can often serve, as long as the notary is not one of them.
Witnesses sign to confirm they personally observed the principal sign. If anyone later contests the document, those witnesses may be called to testify about what they saw. That independent account disappears if the notary is doing the witnessing.
What Goes Wrong When the Notary Signs as a Witness
A power of attorney that does not meet Florida’s execution requirements is vulnerable to being declared invalid in court. A bank can refuse to let the agent access accounts. A healthcare provider can reject the document, leaving no one with clear authority to make medical decisions for an incapacitated principal.2Justia. Florida Code 709.2105 – Qualifications of Agent; Execution of Power of Attorney
When a power of attorney fails, the usual fallback is a court-supervised guardianship. That process requires a petition, often an attorney for the alleged incapacitated person, hearings, and ongoing court oversight. Avoiding guardianship is the entire reason most people sign a power of attorney in the first place. A single defect at execution, including a notary who also signed as a witness, can undo that planning.
If you discover after the fact that your notary signed as one of the witnesses, the practical fix is usually to execute a new power of attorney correctly rather than hope a third party will accept the defective one. Signing again costs little. Litigating validity, or going through guardianship because the document was rejected when it was needed, costs a great deal.
Does Remote Online Notarization Change This?
No. Florida allows powers of attorney to be signed and notarized through remote online notarization, with the principal, witnesses, and notary connected by live audio-video rather than gathered in person. An online notary physically located in Florida can perform the notarization regardless of where the other participants are at the time.4Florida 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, and the platform must verify their identity using the same procedures applied to the principal.5Florida Legislature. Florida Code 117.285 – Online Witnessing The session is recorded, and the principal is asked screening questions before signing.
The notary-as-witness prohibition applies to remote signings the same way it applies in person. You still need two separate witnesses and a separate notary. The video connection does not merge the roles.
A Note on Powers of Attorney Signed Out of State
If your power of attorney was signed in another state where the notary was allowed to serve as a witness, the document is not automatically invalid in Florida. Florida recognizes a power of attorney that was validly executed under the laws of the state where it was signed.6Florida Legislature. Florida Code 709.2106 – Validity of Power of Attorney A third party in Florida can, however, request a legal opinion confirming the out-of-state execution was valid, and the cost of that opinion falls on the principal. If the opinion is not provided, the third party can reject the document. For a document you expect to use regularly in Florida, signing a Florida-compliant version avoids that friction.
For any Florida-executed power of attorney, the rule is the simplest part of the process to get right once you know it. Two witnesses. One notary. Three different people, in addition to you.