Written by Benjamin Kingsley
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.
Generally speaking, a valid power of attorney (POA) executed in one U.S. state will be recognized and honored in other states. However, there are some important caveats and considerations to keep in mind:
Most states have laws that explicitly recognize out-of-state POAs, as long as the document was validly executed according to the laws of the state where it was created. This is based on the principle of comity, where states agree to recognize the legal documents of other states. Additionally, the Full Faith and Credit Clause of the U.S. Constitution requires states to respect the “public acts, records, and judicial proceedings” of other states.
That said, some practical issues may arise when using an out-of-state POA. Financial institutions or healthcare providers in the new state may be unfamiliar with the format or language used in the original POA. They may request additional documentation or legal opinions to verify the POA’s validity before accepting it. This can lead to delays or difficulties in using the POA effectively.
Furthermore, state laws regarding POAs can vary significantly. Some states have specific requirements for POAs, such as particular phrasing or witnessing standards. While an out-of-state POA may still be legally valid, it might not include all the provisions or protections that the new state’s laws offer.
To avoid potential issues, it’s often advisable to create a new POA that complies with the laws of your current state of residence. This is especially true if you’ve moved permanently to a new state or if you anticipate needing to use the POA frequently in the new location. An estate planning attorney in your new state can help ensure your POA meets all local requirements and will be readily accepted by institutions in that jurisdiction.
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.