Does a NY Durable power of attorney need to include specific language or have other specific characteristics (a certain number of witness, e.g.) in order to guarantee that it will be enforced in Florida for ALL financial transactions. This includes selling property.
Estate Planning Attorney
In general, all states will honor a validly-executed New York power of attorney.
If you plan on spending substantial time in Florida, or conducting substantial business there, perhaps you should also consider executing the Florida form.
Materials on this website have been designed to provide useful background information about Law Offices of Thomas Sciacca, PLLC. The information provided is not intended to and does not constitute legal advice, and does not create an attorney-client relationship between you and Law Offices of Thomas Sciacca, PLLC. Any communication, including electronic mail, made through this website may not be secure, confidential, or privileged. The information provided in this website should not be considered to be an invitation to an attorney-client relationship and you should not rely on any information provided at this website for any purpose. For legal advice, you should consult with a qualified attorney. Selecting the best attorney for you is an important and personal decision and should not be based solely on the information contained on this website.
Attorney Sciacca is correct. Unfortunately, each Power of Attorney requires a third party to honor it to make it effective. While the New York Power of Attorney should be valid throughout the 50 states, it'll depend on the bank officer, the person reviewing the brokerage account, etc. as to whether it will actually work the way you want it to. As Attorney Sciacca suggested, if you're going to spend a great deal of time in Florida, having a standard Florida Power of Attorney is a good idea because the banks/brokers down there will have seen it quite a bit and, thus, are more likely to easily honor it. Good luck to you.
This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.
Estate Planning Attorney
Since Florida deeds require two witnesses, a NY DPOA must also have two witnesses to be accepted for real property transactions. The best thing to do is sign a Florida specific power of attorney, as using it will likely avoid a number of problems.