I was recently asked the following question from a fellow attorney, “I have general power of attorney that isn’t signed/accepted by the attorney-in-fact/agent. Doesn’t the agent have to sign it to be binding? Principal and witnesses did sign and notarize.”

The answer is as follows: Section 709.2113 of the Florida Statutes states that “Except as otherwise provided in the power of attorney, a person accepts appointment as an agent by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.”

The acceptance can be the act of performing the agent duties and is not required to be in writing. Only the principal must sign the Power of Attorney document, the attorney-in-fact/agent is not required to sign for the Power of Attorney to be valid.