Cleveland, Ohio estate planning attorney, Daniel A. Baron, offers the following helpful answers to Powers of Attorney:
What If I have a Power of Attorney From another state?
Most Powers of Attorney signed in other states will be recognized in the other states. A Power of Attorney used to convey title to real estate, typically must be signed, dated, witnessed by two people, and “acknowledged” or notarized by a notary public or court official. The state laws will govern who is authorized to take “acknowledgments”. The practical question is not whether the Power of Attorney is valid, but whether a financial institution will honor it. Also, if the document refers to statutes from another state, you may have to provide a copy of those statutes.
The law may vary in the state where you signed your Power of Attorney versus the state in which you now reside. Even if the document lists the same or similar powers, the meanings may be different in the two states. Also, many states have different statutory protections for people signing a Power of Attorney.
Suffice it to say, it may be in your best interest, if practicable, that you have new Powers of Attorney executed.
Do I need to get a new Power of Attorney if I move to a different state?
When moving to a different state, you should always consult a local attorney to see whether your Power of Attorney will be as you intended.
In some states, a Power of Attorney is not “durable” unless it is “recorded”. Recorded means filed with local government. In addition, there may be special rules about how it is revoked. It would behoove you to check with a local attorney.
Again, it may be in your best interest, if practicable, that you have new Powers of Attorney executed.
A Power of Attorney is only one of the many parts to a comprehensive estate plan. For information regarding living wills, trusts, power of attorney, or a pour-over will, or further questions on Powers of Attorney, contact Daniel A. Baron of Baron Law to arrange a meeting at 216-573-3723.