Q: Digital POA for the sale of one piece of property/Real Estate.
Can a POA be signed electronically by someone who resides in the state of Florida for someone in Puerto Rico? It would be for the sale of real estate. If someone has to be present during the signing, could the person be virtually present?
A: A power of attorney granted by a Florida resident to be used by a Puerto Rico resident in Puerto Rico cannot be electronically signed at this time. The power of attorney must be signed before a notary public in Florida; then, the State Department in Tallahassee must issue and attach an "apostille" to the notarized power of attorney, certifying that the notary's commission is active. This original, notarized, and legalized power of attorney must be mailed to an attorney-notary in Puerto Rico, to be protocolized in a poll deed and filed with the Registry of Powers of Attorneys of the Office of Notary Inspections, pursuant to the Puerto Rico Notary Law, 4 L.P.R.A. §§ 2001-2141.
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