Is there a durable power of attorney for multiple states?
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Is there a durable power of attorney for multiple states?
My mom owns property in several states and we now need a durable power of attorney. Is there a durable power of attorney that will be accepted in all states or do I need one from each state where she has interests? Is the difference between state specific POA’s in the language of the POA itself, or “housekeeping” issues such as 1 state requires 2 witnesses and a notary, while another only 1 witness? If an on-line POA has a space for only 1 agent, can I add a successor or would that somehow invalidate the document?
Asked on August 24, 2011 Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Generally speaking, a Power of Attorney that is validly executed in one state is valid as a durable Power of Attorney is all states. The requirements in all states are different but to be on the safe side, assume that the document should be notarized and witnessed to deal with transactions involving the conveyance of real property. It may be wise for you to have an attorney draw the document up so that it is tailored to your needs and names an alternate. You do not want to come up against a road block when trying to deal with the issues you are or that the worst - the conveyance was not valid. Good luck.
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