Full question:
I am trying to support my parents and their needs for the correct legal documents. They are legally Florida residents but essentially live in Connecticut half the year. Two questions: 1.) Would durable power of attorney in Florida require me (live in CT) to be present to make any decisions on my parents behalf? 2.) Living in two locations, would it require separate POA's for both states, if they were to become ill when in CT?
- Category: Power of Attorney
- Date:
- State: Connecticut
Answer:
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. The power of attorney should be drafted to comply with the laws of the state where the property is located or transactions will be taking place. The power of attorney forms offered by USLegal are state specific forms.
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.
