{"id":3276,"date":"2026-10-21T02:14:15","date_gmt":"2026-10-21T02:14:15","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/resources-estate-tax-planning-attorney-florida\/what-are-common-poa-mistakes-to-avoid\/"},"modified":"2026-11-04T01:08:53","modified_gmt":"2026-11-04T01:08:53","slug":"what-are-common-poa-mistakes-to-avoid","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/resources-estate-tax-planning-attorney-florida\/what-are-common-poa-mistakes-to-avoid\/","title":{"rendered":"What Are Common POA Mistakes to Avoid? | Florida"},"content":{"rendered":"\n
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Estate Planning | Coral Gables, Florida<\/p>

Common POA Mistakes to Avoid in Florida<\/h1>

A power of attorney is simple to sign and often difficult to fix later. Learn the errors that most often cause problems, and how to avoid them. Leslie V. Marenco, one of the firm's lawyers, is responsible for this page.<\/p>

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By Leslie V. Marenco \u00b7 Published October 20, 2026<\/p>\n\n

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Here’s the short answer to “what are common POA mistakes to avoid?” The most common errors involve signing, agent choice, unclear powers, bank acceptance, and mixing up a power of attorney with a will or trust. Each one can leave an agent without authority when it’s needed most.<\/p>\n

Picture a daughter whose father has just come home from the hospital. His bills are due, and his bank needs instructions. She has a power of attorney in a folder, but she never read it closely. She isn’t sure it’s valid, and she isn’t sure the bank will accept it.<\/p>\n

That’s when these errors surface. A Florida power of attorney works only when three things line up. The document must be validly signed. The agent must be willing and able to act. And the wording must be clear enough for the agent and the bank to know what the agent may do.<\/p>\n

The details depend on the facts of each family and each document. Use this page as a checklist of what to look for, not a final verdict on any one document.<\/p>\n

Signing and witnessing errors<\/h2>\n

Signing errors are among the most common POA mistakes to avoid. A Florida power of attorney must be signed by the principal and two subscribing witnesses. The principal must also acknowledge it before a notary public. Fla. Stat. \u00a7 709.2105<\/a> sets out this requirement.<\/p>\n

For a document signed on or after October 1, 2011, Fla. Stat. \u00a7 709.2106<\/a> says validity depends on following that signing rule. A flaw at the signing step puts the whole document in question.<\/p>\n

Common errors include:<\/p>\n