Often, yes. Living in a nursing home or assisted-living community does not by itself prevent someone from signing a power of attorney. What matters under Florida law is whether, at the time of signing, the person appears to understand the nature and effect of the document and is signing willingly.
What Florida requires for a power of attorney
- Signed by the principal in the presence of two witnesses
- Acknowledged before a notary public
- The principal must be identified as Florida law requires and must appear before the notary, in person or through an authorized remote online session
- The principal must appear to understand the document; a notary may not notarize for a signer who appears mentally incapable of understanding it
What the notary observes
The notary is not a doctor and does not diagnose. The notary observes the signer on the day. Are they alert? Do they know what the document is and what it does? Are they choosing to sign it? A brief, plain-language conversation usually answers that. If the answer is unclear, a careful notary stops and says so.
How families can prepare
- Schedule the signing for the time of day the resident is most alert
- Involve the family's attorney if capacity is in any doubt; the attorney may want to be present
- Have the resident's photo ID and the complete, unsigned document ready
- Arrange two witnesses, ideally people who are not the agent named in the document, or ask the notary in advance whether witnesses can be provided
Florida Statutes Chapter 709 (Power of Attorney), 117.05 and 117.107.
This is educational information only, not legal advice. Coquina Notary is not an attorney licensed to practice law in the State of Florida, and may not give legal advice or accept fees for legal advice.