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Power of Attorney
Is a Power of Attorney Valid if the Agent Lives out of State?

Is a Power of Attorney Valid if the Agent Lives out of State?

Q: Does your power of attorney have to be related to you?

No, your power of attorney does not have to be a relative. You can appoint anyone you trust, such as a friend or a professional, to act as your agent. However, it's important to choose someone responsible and reliable, as they will have significant authority over your affairs.

Q: Is power of attorney valid in all states?

Power of attorney is generally recognized in all states, but the specific requirements and rules can vary. Each state has its own laws governing the creation and use of powers of attorney, so it's essential to ensure that the document complies with the laws of the state where it will be used.

Q: Can your POA be in a different state?

Yes, a power of attorney can be created in one state and used in another. However, it must comply with the laws of the state where it will be enforced. If the agent will act in a different state, it's advisable to check that state's requirements to ensure validity.

Q: Can you use a power of attorney in another state?

Yes, you can use a power of attorney in another state, provided it meets the legal requirements of that state. It's important to ensure that the document is valid under the laws where the agent will be acting, especially if it involves transactions or property located there.

Full question:

My mother made a power of attorney in IL, with my brother being the agent living in KS. Is that still valid in WA?

Category: Power of Attorney
Date: 04/07/2025
State: Washington

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 IL, or the agent may be conducting transactions with entities in IL a power of attorney for IL may also 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.

FAQs

What three decisions cannot be made by a legal power of attorney?

A power of attorney typically cannot make decisions regarding the principal's will, change beneficiaries on life insurance policies, or make healthcare decisions if the principal is not incapacitated. These limitations ensure that certain personal and sensitive decisions remain under the principal's control or are handled through specific legal processes.