Which State Law Should a Power of Attorney Comply With if The Agent Resides in Another State?
Full Question:
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 mother has assets in Hawaii, or the agent may be conducting transactions with entities in Hawaii, a power of attorney for Hawaii in addition to California may be advisable.
