Full question:
My mother lives in New Mexico and own real estate in Texas. She is 84 years old and wants me to take over selling her house in Texas and I live in Dallas, TX. Will a durable Power of Attorney be the form I need? She wants me to have business and medical Power of Attorney to conduct her affairs. Since she is a resident of New Mexico will a form from the state of New Mexico handle business and medical decisions in Texas? Please advise the correct POA and do I need to only get the form in New Mexico or do I need to get forms for Texas and New Mexico? Thanks?
- Category: Power of Attorney
- Date:
- State: New Mexico
Answer:
A power of attorney (POA) gives an agent authority to act on behalf of the principal. The type of POA you need depends on the scope of authority required. A durable POA remains effective even if the principal becomes incapacitated. If your mother wants you to handle her real estate in Texas, a durable general POA would be suitable.
Since your mother is a resident of New Mexico, a POA form from New Mexico should be used for her medical and business decisions. However, because you will be conducting real estate transactions in Texas, it is advisable to also obtain a separate POA form that complies with Texas law. This ensures that you have the necessary authority to act in both states. Generally, it is recommended to have separate powers of attorney for each jurisdiction when dealing with multiple states.
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.