A Power of Attorney (POA) is a helpful tool that allows you to transfer decision-making powers to another person. Principals use them to grant an agent permission to make decisions on their behalf. The decisions could be medical, financial, business or property-related.
POAs are dependent on state laws, so many wonder if they need a new POA when relocating to a new state. Fortunately, a POA often remains valid despite a change in residence.
More than half the states have adopted the Uniform Power of Attorney Act (UPOAA) to help standardize requirements across state borders. If you move from one compliant state to another, your POA will likely remain viable.
However, it may be necessary to change the wording to suit the requirements of your new state. An update also offers an opportunity to review the terms of the POA to ensure it aligns with your current priorities.
This discussion sheds light on the validity of a POA when moving and how to obtain a POA in a different state. It also addresses concerns such as the expiration dates of a POA and how far-reaching your agent's authority is.
Power of Attorney Overview
When you sign a Power of Attorney, you give authority to someone else to make decisions for you. Permissions may include signing documents in your name. These may include documents for personal matters.
For example, John Simmons wants to sell his car but prefers that his son Alex handle the process. As the title holder, John must sign a legal document granting Alex the power to conduct business in John's name. That document is a Power of Attorney.
POAs are also common in situations where the principal is incapacitated. Unable to make critical decisions, they designate an agent acting on their behalf when needed.
Choosing the correct power of attorney
A Power of Attorney can be general or durable. A general Power of Attorney is typically used only for financial matters, while a durable Power of Attorney may have far greater reach, including medical, economic, and business decisions.
A Medical Power of Attorney (MPOA) is the legal instrument that appoints someone to make medical decisions on your behalf.
An MPOA may grant full-time authority or become valid when the principal becomes incapacitated and unable to make their own decisions. Medical Power of Attorney laws can also vary by state.
Get Your Medical Power of Attorney Here
Choosing the right agent is paramount. Remember you are giving them considerable powers over your property, finances, or health. Trust is critical. You must trust that they are going to make the best calls. You may list a single agent, have co-agents, or include successor agents if the first one is unavailable or unwilling to assume their role.
What Happens to the POA if I Move to Another State?
If the POA was valid at signing, it would probably be legally sound in your new state.
However, inconveniences may arise if, for example, a financial institution refuses to act according to your wishes. They may cite inconsistencies in wording or something else. They cannot brand your POA as an illegal instrument, but repeatedly going through the validation process can be inconvenient and time-consuming.
On rare occasions, the provisions in your POA may be void in a different new state. In that case, you should update it to conform to your current state laws.
POAs between UPOAA states
The Uniform Law Commission (UCL) proposed a solution to these inconveniences in the Uniform Power of Attorney Act (UPOAA). By adopting this Act, states make POA acceptance in other jurisdictions seamless. Currently, 28 states have adopted the UPOAA.
Although the law may not require it, regularly reviewing your POA can ensure that the document remains valid and best suited to your needs. Any change in life circumstances should prompt a review, allowing you to change the scope of the POA or appoint a new agent if needed.
How Do I Obtain a POA From Another State?
Several circumstances may require you to obtain a POA from a different state. For example, you may own property in that state and wish to assign an agent there, or you may have moved but maintain interests in your old state.
For a POA to be valid, it must meet some basic requirements. These requirements vary by state. Generally, a valid POA requires the following:
- The principal's signature.
- Witness signatures. Some states require one or more, and others use a notary public.
- Name of agent(s).
- The principals' directives. It should state what the agent is authorized to do and what they cannot do.
The principal must be in sound mind at the time of signing. The witness(es) or notary public should be present at the signing. Many states do not require the agent to be present during the signing. However, checking the laws in both states is advisable to ensure your final document is legally sound.
You may need to travel to the state where you wish to obtain a POA to sign it. Some financial institutions, such as lenders, may want an original document with a "wet signature." Electronic signatures may not work in such instances.
Does the POA Agent Have Authority Out of State?
The POA agent can execute your wishes wherever you authorize them to. As long as the POA is valid and acceptable in another state, they can make decisions per your directives.
As mentioned, the UPOAA has made it easier to ensure out-of-state POAs are legal and that the agent may have authority beyond the borders of their state of residence. You can control how much control an agent has by including the terms in the POA.
When Does a Power of Attorney Expire?
A POA's "expiry date" depends on the type. A specific (limited) POA becomes invalid when the task is complete. A Durable Power of Attorney lasts longer. Meanwhile, springing POAs only come into effect following a specified event.
Standard POAs expire at the principal's death. However, a principal can revoke any POA under state laws at their discretion.
If your state has recently revised its POA laws, you may need to check that the new rules do not invalidate your document.
Helpful Resources:
US Dept. of State Foreign Affairs Manual - Acceptability And Use Of Electronic Signatures
A Power of Attorney (POA) is a helpful tool that allows you to transfer decision-making powers to another person. Principals use them to grant an agent permission to make decisions on their behalf. The decisions could be medical, financial, business or property-related.
POAs are dependent on state laws, so many wonder if they need a new POA when relocating to a new state. Fortunately, a POA often remains valid despite a change in residence.
More than half the states have adopted the Uniform Power of Attorney Act (UPOAA) to help standardize requirements across state borders. If you move from one compliant state to another, your POA will likely remain viable.
However, it may be necessary to change the wording to suit the requirements of your new state. An update also offers an opportunity to review the terms of the POA to ensure it aligns with your current priorities.
This discussion sheds light on the validity of a POA when moving and how to obtain a POA in a different state. It also addresses concerns such as the expiration dates of a POA and how far-reaching your agent's authority is.
Power of Attorney Overview
When you sign a Power of Attorney, you give authority to someone else to make decisions for you. Permissions may include signing documents in your name. These may include documents for personal matters.
For example, John Simmons wants to sell his car but prefers that his son Alex handle the process. As the title holder, John must sign a legal document granting Alex the power to conduct business in John's name. That document is a Power of Attorney.
POAs are also common in situations where the principal is incapacitated. Unable to make critical decisions, they designate an agent acting on their behalf when needed.
Choosing the correct power of attorney
A Power of Attorney can be general or durable. A general Power of Attorney is typically used only for financial matters, while a durable Power of Attorney may have far greater reach, including medical, economic, and business decisions.
A Medical Power of Attorney (MPOA) is the legal instrument that appoints someone to make medical decisions on your behalf.
An MPOA may grant full-time authority or become valid when the principal becomes incapacitated and unable to make their own decisions. Medical Power of Attorney laws can also vary by state.
Get Your Medical Power of Attorney Here
Choosing the right agent is paramount. Remember you are giving them considerable powers over your property, finances, or health. Trust is critical. You must trust that they are going to make the best calls. You may list a single agent, have co-agents, or include successor agents if the first one is unavailable or unwilling to assume their role.
What Happens to the POA if I Move to Another State?
If the POA was valid at signing, it would probably be legally sound in your new state.
However, inconveniences may arise if, for example, a financial institution refuses to act according to your wishes. They may cite inconsistencies in wording or something else. They cannot brand your POA as an illegal instrument, but repeatedly going through the validation process can be inconvenient and time-consuming.
On rare occasions, the provisions in your POA may be void in a different new state. In that case, you should update it to conform to your current state laws.
POAs between UPOAA states
The Uniform Law Commission (UCL) proposed a solution to these inconveniences in the Uniform Power of Attorney Act (UPOAA). By adopting this Act, states make POA acceptance in other jurisdictions seamless. Currently, 28 states have adopted the UPOAA.
Although the law may not require it, regularly reviewing your POA can ensure that the document remains valid and best suited to your needs. Any change in life circumstances should prompt a review, allowing you to change the scope of the POA or appoint a new agent if needed.
How Do I Obtain a POA From Another State?
Several circumstances may require you to obtain a POA from a different state. For example, you may own property in that state and wish to assign an agent there, or you may have moved but maintain interests in your old state.
For a POA to be valid, it must meet some basic requirements. These requirements vary by state. Generally, a valid POA requires the following:
- The principal's signature.
- Witness signatures. Some states require one or more, and others use a notary public.
- Name of agent(s).
- The principals' directives. It should state what the agent is authorized to do and what they cannot do.
The principal must be in sound mind at the time of signing. The witness(es) or notary public should be present at the signing. Many states do not require the agent to be present during the signing. However, checking the laws in both states is advisable to ensure your final document is legally sound.
You may need to travel to the state where you wish to obtain a POA to sign it. Some financial institutions, such as lenders, may want an original document with a "wet signature." Electronic signatures may not work in such instances.
Does the POA Agent Have Authority Out of State?
The POA agent can execute your wishes wherever you authorize them to. As long as the POA is valid and acceptable in another state, they can make decisions per your directives.
As mentioned, the UPOAA has made it easier to ensure out-of-state POAs are legal and that the agent may have authority beyond the borders of their state of residence. You can control how much control an agent has by including the terms in the POA.
When Does a Power of Attorney Expire?
A POA's "expiry date" depends on the type. A specific (limited) POA becomes invalid when the task is complete. A Durable Power of Attorney lasts longer. Meanwhile, springing POAs only come into effect following a specified event.
Standard POAs expire at the principal's death. However, a principal can revoke any POA under state laws at their discretion.
If your state has recently revised its POA laws, you may need to check that the new rules do not invalidate your document.
Helpful Resources:
US Dept. of State Foreign Affairs Manual - Acceptability And Use Of Electronic Signatures
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