can you create a power of attorney for someone who lives in a different state

by Prof. Jada Quigley PhD Published 2 years ago Updated 1 year ago 9 min read

State laws usually recognize a valid power of attorney created in another state, but you should check with an attorney in the state to make sure it will be recognized. Even if the power of attorney complies with state law, a bank may not accept it.

Generally, a power of attorney that is valid when you sign it will remain valid even if you change your state of residence. Although it should not be necessary to sign a new power of attorney merely because you have moved to a new state, it is a good idea to take the opportunity to update your power of attorney.

Full Answer

Can a power of attorney be created in another state?

Dec 08, 2018 · A power of attorney (POA) is simply legal permission for one person to act on behalf of, and in the interest of, another. I held a power of attorney for my mother, and later for my father, who lived in one state while I lived in another, and acted under it to do business with various entities in multiple third states. There was no major problem.

Do you need a lawyer to get a power of attorney?

Feb 10, 2022 · This makes it easy to do from a distance. You can help your loved one create the documents by hiring a lawyer or simply using the form provided by the state. Arrange for your loved one to sign the ...

Can I appoint a Poa who lives in another state?

The idea is to have a document that banks and other institutions in that state are familiar with and that will be accepted. Institutions are familiar with the forms in that state, and some states have their own statutory forms. It's better to do a new POA than to risk having one from another state not accepted because it looks unfamiliar or ...

Do you trust your power of attorney?

May 02, 2019 · One power of attorney should work in multiple states as long as it is written generally enough, but states may have different rules for what makes a valid power of attorney. State laws usually recognize a valid power of attorney created in another state, but you should check with an attorney in the state to make sure it will be recognized.

How do I give power of attorney to someone in the US?

How To Give Someone a Power of Attorney

1) Choose the right person(s). ...
2) Talk to an attorney. ...
3) Choose what kind of power of attorney is best suited to your needs. ...
4) Decide on the details. ...
5) Fill out the power of attorney form. ...
6) Sign your power of attorney form in front of a notary or witness.

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Can I give power of attorney to someone in another country?

You can do it from whichever country you are living in. You can also make a Special Power Attorney that deals with ONLY one property or transaction.

Can a NY POA be notarized in a different state?

But having the principal and agent signatures notarized will make it less likely that the validity of the signature is questioned, especially by financial institutions. New York will accept a Power of Attorney that is properly executed in another state.Jul 1, 2020

Can a UK power of attorney be used abroad?

Some countries will recognise the documents (provided they are valid in England and Wales) and allow them to be used. But even then, there may be further requirements. The document may need to be translated and many legal systems will insist on an 'apostille' being affixed.Feb 21, 2019

What are the 3 types of power of attorney?

Here are examples of the types of Alberta POAs that you may need:

Specific Power of Attorney. A specific power of attorney is the simplest power of attorney. ...
General Power of Attorney. A general power of attorney is used to give a very broad term of use to the attorney. ...
Enduring Power of Attorney. ...
Durable Power of Attorney.

Feb 1, 2022

What can a power of attorney do in New York State?

In New York, you can use a statutory POA to give your agent authority to handle your financial and business matters. For example, you can give your agent the power to pay your bills, file your taxes, sell your real estate property, and more. This type of POA is often called a financial power of attorney.Oct 22, 2021

Do you need a lawyer for power of attorney in New York?

No. You're not required to hire a lawyer. However, because a Power of Attorney is such an important legal instrument, the careful consumer will consult a lawyer who can: provide legal and other advice about the powers that are appropriate to be delegated.

Does a ny power of attorney need to be witnessed?

Does a NY power of attorney agreement need to be witnessed? As previously mentioned, New York's new POA law requires the agreement be signed with two witnesses present. People named in the agreement cannot serve as witnesses, and serving as a witness disqualifies you from receiving gifts from the agent in the future.Apr 24, 2022

What is a power of attorney?

A power of attorney is governed by the law of the jurisdiction where the actions of the attorney-in-fact will be performed. Usuallly, this is where the property of the principal is located. It is generally not recommended to appoint an agent who resides in a different jurisdiction, unless the property or assets involved are also in ...

What is an attorney in law?

attorney, a court of the domicile of the principal appoints. a guardian, curator, or other fiduciary charged with the. management of all the property of the principal or all of. his or her property except specified exclusions, the. attorney in fact is accountable to the fiduciary as well as. to the principal.

What are the different types of power of attorney?

A power of attorney can be durable, general, or limited. Other certain types of attorney include springing power of attorney and healthcare power of attorney.

What is a special power of attorney?

Some states call it a special power of attorney that will expire at a certain time or the specific task mentioned in the state form completed. States allow several limited power of attorneys to be made for different situations to grant different powers to agents on the principal’s behalf.

When does a non-durable power of attorney expire?

A non-durable power of attorney becomes ineffective or expires when you die or become debilitating. For example, if you die while you are paralyzed then the agent will no longer be able to make decisions on your behalf. The state court will then appoint a guardian that would look after your affairs.

10 Answers

It would be strongly advisable to retain an elder law attorney just to make sure you're "dotting all the i's and crossing all the t's".

Can you have more than one POA?

You can have more than one POA, such as separate financial and medical POAs, authorizing one person to make financial decisions and another to make medical decisions. Both general and limited POAs can be limited in different ways, such as by duration – it might be valid for a certain time period – or by circumstance.

What is a POA?

The premise behind a power of attorney (POA) is simple: It's a document that authorizes one person – called the agent or attorney-in-fact – to take action on behalf of another person, referred to as the principal. when she is unable to act on her own behalf. This might be the case if she's disabled or away on military service.