Blog

Power of Attorney – Attorney In Fact / Agent Acceptance

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.

If you need more information, our firm is here to help.

Call (954) 832-0885 today to schedule a free initial consultation with our South Florida lawyers.

ESTATE PLANNING CHECKLIST

With over 50 years of combined experience, our probate, estate planning, real estate, elder law and asset protection attorneys provide peace of mind for our clients throughout South Florida.

Schedule a Consultation


1270 SW 26th Ave
Fort Lauderdale, Florida   33312

Phone: 561-832-0885


Directions

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
© 2022 The Law Offices of Odelia Goldberg. All Rights Reserved. Privacy Policy. Web Development by IWD Marketing