Signing a will or power of attorney online in Florida: what remote online notarization allows, and where it stops

In an online notarization, the signer and any witnesses appear before the notary by live, two-way audio-video technology instead of in the same room (Fla. Stat. 117.201). The notary must be physically in Florida, but the signer and witnesses may be elsewhere (117.209(3)). A signer outside Florida must confirm they want a Florida notary under Florida law (117.265(3)).

Identity is checked by personal knowledge or by three steps: an image of a government ID, an automated check of that ID, and identity proofing, often questions drawn from credit or public records (117.265(4)). If identity can't be confirmed, the notarization can't go ahead. The whole session is recorded (117.245(2)).

A remote witness must state on the recording that they're in the United States or a U.S. territory (117.285(4)). A signer can't serve as a witness to their own signature (117.265(2)).

Florida singles out certain documents (Fla. Stat. 117.285(5)):

wills; revocable trusts with provisions that take effect at death; health care advance directives, such as a living will or surrogate designation; agreements and waivers of spousal rights under 732.701 and 732.702; and powers of attorney with the banking or investment powers in 709.2208, which most financial POAs include.

When fewer than two witnesses are physically with the signer, three steps apply.

First, the online platform must ask whether the signer is impaired by drugs or alcohol, has a condition or long-term disability that impairs normal daily activities, or needs help with daily care. If any answer is yes, only witnesses physically present can validly witness the signature (117.285(5)(a)–(b)).

Second, the signer gets a written notice that documents signed by a vulnerable adult aren't valid if witnessed by video (117.285(5)(c)).

Third, the notary must ask, on the recording, whether the signer is married and to whom, who helped them get on the call, who helped prepare the documents, where they are and who is in the room (117.285(5)(d)). The answers can be evidence in a later challenge, but an incorrect answer alone can't void the document (117.285(5)(f)).

None of these steps apply if at least two witnesses are physically present with the signer, even if the notary is online (117.285(5)(k)).

Remote witnessing "is not effective" for a principal who is a vulnerable adult (117.285(5)(g)). Florida defines a vulnerable adult as someone 18 or older whose ability to perform normal daily activities, or to provide for their own care or protection, is impaired by a mental, emotional, sensory, long-term physical or developmental disability, brain damage or "the infirmities of aging" (Fla. Stat. 415.102(28)).

That definition can reach many elder law clients: a parent with early dementia, someone recovering from a stroke, or a resident of assisted living. The person challenging the document must prove vulnerability (117.285(5)(g)). But a will or trust that might draw a contest is exactly the document you don't want to defend on that question. When there's any doubt, two witnesses in the room remove the issue.

A Florida power of attorney needs two witnesses and a notary (Fla. Stat. 709.2105). It can be done online, but there's a significant limit. If a Florida resident's POA is witnessed by someone not physically present, it can't grant the powers that require the principal's initials next to each one (709.2202(6)). Those powers include creating or changing a trust, making gifts, changing beneficiary designations or survivorship rights, and disclaiming property (709.2202(1)).

Those are often the powers used in Medicaid and long-term care planning. A POA signed online may cover everyday banking and still leave the family unable to plan later. The statute preserves the rest of the POA's authority for real estate, commercial and consumer transactions (117.285(5)(h)).

An electronic will is signed with an electronic signature. Witnesses may appear by video only in a supervised online notarization session that complies with 117.285 (Fla. Stat. 732.522). Otherwise, it's judged like any other will.

To be self-proved, an electronic will must name a "qualified custodian" and stay in that custodian's custody until it's offered for probate. The custodian then certifies under oath that it wasn't altered (732.523). A qualified custodian must be based in Florida, use a secure system, and carry a $250,000 bond or insurance (732.524; 732.525). It must deposit the will with the court on learning of the death (732.524(11)).

Other limits worth knowing:

If the session recording can't be produced, the electronic will is treated as lost or destroyed. Proving it then requires witness testimony (117.245(5); 733.207). A substantial failure to follow online notarization procedures can cost the will its self-proved status (733.201(1)). An electronic will can be revoked by deleting or rendering it unreadable with intent to revoke, proved by clear and convincing evidence (732.506).

The custody rules give an electronic will a longer chain of evidence than a paper original in a safe. For many families, a paper will remains the simpler choice.