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.
First and foremost, you should make a power of attorney in the U.S. state that you live because most states will recognize a validly executed POA from another state. This principle is based on the Full Faith and Credit Clause of the U.S. Constitution, which generally requires states to respect the legal documents and judicial decisions of other states.
Additionally, creating a POA in your home state ensures that it complies with your state’s specific laws and requirements. Each state has its own rules regarding the execution, witnessing, and notarization of POAs. By creating the document in your home state, you can be confident that it meets all local legal standards.
Furthermore, your home state is where you’re likely to have the majority of your financial accounts, property, and other assets. A POA created in your state of residence will be most readily accepted by local banks, healthcare providers, and other institutions you regularly interact with.
It’s worth noting that while a POA from your home state should be recognized in other states, it’s always a good idea to check with the specific out-of-state hospital or healthcare provider you plan to visit. Some institutions may have their own internal policies regarding out-of-state POAs. In such cases, you might consider creating an additional POA that complies with the laws of the state you’re visiting, but this would be supplementary to your primary POA from your home state.
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.