Can't be there to sign? A power of attorney lets someone close for you — but only if it's the right type, executed with the same formality as a deed, and approved in advance. Here's how to get it right.
- A power of attorney (POA) lets an agent sign closing documents for you if you can't attend.
- For real estate, Florida requires it to be signed like a deed — two witnesses and a notary.
- It must be a durable POA and pre-approved by the title company and lender before closing.
- The POA is usually recorded along with the deed.
What a power of attorney does at closing
A power of attorney is a legal document in which you (the “principal”) authorize someone else (your “agent” or “attorney-in-fact”) to act for you. At a closing, it lets your agent sign the deed, mortgage, closing statement, and other documents when you can't be there — common for deployed military, out-of-country sellers, health issues, or mail-away closings.
Florida's requirements — sign it like a deed
Florida is strict here. To convey or encumber real estate, the POA must be executed with the same formalities as a deed: signed by the principal in the presence of two witnesses and acknowledged before a notary. A POA that's only notarized (no witnesses) generally can't be used to sign a deed or mortgage.
It should also be durable — meaning it stays valid even if you later become incapacitated — and the principal must be alive at closing (a POA dies with the principal).
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Get it approved in advance
This is where closings get delayed. Both the title company/underwriter and, if there's a loan, the lender must review and approve the specific POA before closing. Lenders often require their own language or a recent date. Send the draft POA to your title company early so there's time to fix any issue — not the day of.
Recording the POA
When a POA is used to sign a recorded document like a deed or mortgage, the POA itself is typically recorded in the county's public records alongside that document, so the chain of authority is clear. Your closing agent handles this as part of recording.
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How we help with POA closings
We review POAs up front, coordinate lender and underwriter approval, and prepare the recording — so a signing that happens by proxy still closes cleanly and on time. Planning a closing where someone will sign on your behalf? Send us the details early and we'll tell you exactly what your POA needs.
Closing With a Power of Attorney?
Atlantic Title Firm reviews your POA up front and coordinates lender and underwriter approval so a proxy signing still closes on time.
General information, not legal advice. Power-of-attorney requirements are technical and lender/underwriter specific; have your POA prepared or reviewed by a qualified attorney and approved by your title company before closing.
