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Which State Law Should a Power of Attorney Comply With if The Property is in Another State?

Which State Law Should a Power of Attorney Comply With if The Property is in Another State?

Q: Can you use a POA from another state?

Yes, you can use a power of attorney (POA) from another state in most cases, provided it complies with the laws of that state. However, if the POA will be used for specific actions in a different state, such as real estate transactions, it may need to meet that state's legal requirements as well.

Full question:

I am seeking a Limited Power of Attorney for a Florida resident who will be refinancing property located in New York, the agent is the Principals daughter. I read on the web that the Limited Power would be permitted to designate property outside of Florida and I am looking for such a Limited Power of Attorney form. Thank you

Category: Power of Attorney
Date: 04/07/2025
State: New Jersey

Answer:

There is no generic form for use in all states that can be guaranteed to comply with the laws of all states, as statutes vary by state. A power of attorney that complies with the laws of the state may appoint a person who resides outside the state as the agent (attorney-in-fact) for the principal (person making the 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 the different jurisdiction. When the agent will be acting in more than one jurisdiction, separate powers of attorney for each jurisdiction are recommended. Therefore, if the person has assets in New York, or the agent may be conducting transactions with entities in Florida a power of attorney for New York or Florida may be advisable.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can an out-of-state attorney practice in Florida?

Generally, an out-of-state attorney cannot practice law in Florida without being licensed in the state. However, they may provide legal services in Florida under certain conditions, such as through temporary practice rules or by being associated with a Florida-licensed attorney. It's advisable for out-of-state attorneys to check the Florida Bar's regulations for specific guidelines.

Does Florida recognize power of attorney from other states?

Yes, Florida recognizes power of attorney documents executed in other states, provided they comply with the laws of the state where they were created. However, it is important to ensure that the document meets Florida's requirements for validity, especially if it will be used for real estate transactions or other significant matters.

What are the rules for power of attorney in New York state?

In New York, a power of attorney must be in writing and signed by the principal. It should clearly state the powers granted to the agent. New York law requires that the document be notarized and witnessed by at least one person. Specific rules apply to financial and health care powers of attorney, so it's important to follow these guidelines carefully.

How do I designate power of attorney in Florida?

To designate a power of attorney in Florida, you must complete a written document that specifies the powers being granted. The principal must sign the document in the presence of a notary public and two witnesses. The form should clearly outline the agent's authority and any limitations. It's advisable to use a standard form to ensure compliance with Florida law.

Can you use a POA from another state?

Can a power of attorney refinance a mortgage?

Yes, a power of attorney can authorize an agent to refinance a mortgage on behalf of the principal. The POA must specifically grant the agent the authority to handle such financial transactions. It's important to ensure that the document complies with state laws and is properly executed to avoid any issues during the refinancing process.