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Power of Attorney
What State's Form Should be Used for a Power of Attorney?

What State's Form Should be Used for a Power of Attorney?

Q: Can I use a New Mexico power of attorney in Texas?

Yes, a New Mexico power of attorney can be used in Texas, but for real estate transactions, it's advisable to have a Texas-specific POA as well. This ensures compliance with Texas laws and provides clear authority to act in real estate matters.

Q: Do I need a separate power of attorney for medical and financial decisions?

Yes, it is often recommended to have separate powers of attorney for medical and financial decisions. This allows for clear delineation of authority and ensures that each aspect of the principal's affairs is managed appropriately.

Q: What is the difference between a general and a durable power of attorney?

A general power of attorney grants broad authority to act on behalf of the principal but may become invalid if the principal becomes incapacitated. In contrast, a durable power of attorney remains effective even if the principal loses capacity, allowing the agent to continue managing affairs.

Q: How do I create a power of attorney in New Mexico?

To create a power of attorney in New Mexico, you must complete a POA form that complies with New Mexico laws. The form should specify the powers granted and be signed by the principal in the presence of a notary public. It's advisable to consult an attorney to ensure it meets all legal requirements.

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: 04/07/2025
State: New Mexico

Answer:

The terms of the power of attorney govern the extent of the agent's authority. A power of attorney may be limited so that it only authorizes action to be taken for a specific transaction(s) or for a specified time period. For example, a limited power of attorney for real estate may be used to handle a house sale only. A general power of attorney may be used to handle a house sale and other types of transactions as well. If it is durable, it means it will not be terminated by the principal's incapacity. A living will or medical power of attorney should be created to comply with the laws of the state of residence.

A power of attorney is governed by the law of the jurisdiction where the actions of the attorney-in-fact will be performed. Usually, 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.

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 is a durable power of attorney?

A durable power of attorney (POA) is a legal document that allows someone to act on behalf of another person, even if that person becomes incapacitated. It remains effective as long as the principal is alive, unlike a regular POA, which may become invalid if the principal loses capacity.