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Is a Power of Attorney Valid in Another State?


I am the agent under a durable power of attorney (DPOA) executed in 2013. Is the document still valid if I move to another state?



It’s wise to execute a Durable Power of Attorney in the new state, for practical reasons more than legal ones. The idea is to have a document that banks and other institutions in that state are familiar with and that will be accepted. Institutions are familiar with the forms in that state, and some states have their own statutory forms. Additionally, local Elder Law attorneys have experience with what local agencies and courts require and how they interpret. That being said, if the document meets the other state’s execution requirements, it will mostl likely be valid. It’s better to do a new POA than to risk having one from another state not accepted because it looks unfamiliar or doesn’t contain the customary wording.