Is a power of attorney created in WA state valid and binding in another state

Asked about 6 years ago - Bellingham, WA

Is a Power of Attorney binding outside the state that is was executed in?

Attorney answers (4)

  1. Debra G. Speyer

    Pro

    Contributor Level 9

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    Answered . Generally, a Power of Attorney from one State should be acceptable in another State. Some States require two witnesses, a notary seal and an acknowledgment by the Principal (i.e., Mom who needs the help) and the Agent (Daughter who will now be writing checks for Mom), while other States don't have the same requirements.

    Some States have specific banking regulations as to powers of attorney and want that language in the power of attorney. Often the new bank in the State you are moving to has its own Power of Attorney form they want filled out as well.

    If you travel often or live in several places, your best bet would be to have a Power of Attorney prepared that has two witnesses, a notary, and acknowledgment forms signed by the Principal and the Agent.
    General Disclaimer. That is what I do in my law practice for my clients. If you would like more information about the Power of Attorney, check out my website at www.elderlawusa.com.

    This answer does not, nor is it intended to create an attorney-client relationship, but is offered solely for information purposes. Since the facts of each case are different, it is important to seek out qualified counsel with whom information can be shared and assessed under an attorney-client privilege so that competent and tailored advice can be provided.

  2. John Thomas Gosselin

    Contributor Level 10

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    Lawyer agrees

    1

    Answered . Under the US Constitution the many states are obligated to give recognition to other states' lawful judgments, but a POA is a statutory document so no covered constitutionally, therefore it is case by case in practice. If you know that you will be moving to another state in a certain period of time or if you go to another state on a semi-regular basis then I would recommend using a generic form or obtaining a state specific POA from the foreign states. Do not wait until it is too late.

  3. Debra G. Speyer

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    4

    Answered . Generally, a Power of Attorney from one State should be acceptable in another State. Some States require two witnesses, a notary seal and an acknowledgment by the Principal (i.e., Mom who needs the help) and the Agent (Daughter who will now be writing checks for Mom), while other States don't have the same requirements.

    Some States have specific banking regulations as to powers of attorney and want that language in the power of attorney. Often the new bank in the State you are moving to has its own Power of Attorney form they want filled out as well.

    If you travel often or live in several places, your best bet would be to have a Power of Attorney prepared that has two witnesses, a notary, and acknowledgment forms signed by the Principal and the Agent.

    That is what I do in my law practice for my clients. If you would like more information about the Power of Attorney, check out my website at www.elderlawusa.com.

    General Disclaimer. This answer does not, nor is it intended to create an attorney-client relationship, but is offered solely for information purposes. Since the facts of each case are different, it is important to seek out qualified counsel with whom information can be shared and assessed under an attorney-client privilege so that competent and tailored advice can be provided.

  4. Robert J Poserina Jr

    Contributor Level 6

    1

    Lawyer agrees

    3

    Answered . For the most part powers of attorney are fairly portable but each state has its own banking regulations. Many banks will not honor a particular power of attorney if banking powers for the bank's home State are not included in the document. If you are moving to another state or if you do business in another state on a regular basis then you should have that State's banking powers included in your power of attorney.

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