Is the power of attorney in one state valid in another? 15 Answers as of March 18, 2014

I currently reside in Ohio and have a durable power of attorney with/for my husband. We are purchasing property in NM and he wants me to act on his behalf for the closing of the property.

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Stephens Gourley & Bywater | David A. Stephens
Generally yes, although some states have different rules on them.
Answer Applies to: Nevada
Replied: 3/18/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Should be valid.
Answer Applies to: California
Replied: 3/17/2014
Ronald K. Nims LLC | Ronald K. Nims
A durable power of attorney executed in the state where he resides should be valid nationwide.
Answer Applies to: Ohio
Replied: 3/17/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Maybe, depending on NM requirements for powers of attorney that will be used in NM; but it would be better if you had a Power of attorney in NM. Contact the escrow and title company where the closing of property is to occur and they could assist you.
Answer Applies to: California
Replied: 3/17/2014
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
Its probably OK, you should check with the local title company to make sure. They would have a form he could sign for power of attorney just for that transaction.
Answer Applies to: California
Replied: 3/17/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It should be. However the power should specifically give you the power to handle real estate transactions.
    Answer Applies to: Idaho
    Replied: 3/17/2014
    Tarasyuk Law Offices
    Tarasyuk Law Offices | Anna Tarasyuk
    You should always have an updated POA and it should be for the state in which you are doing a transaction. While most POAs are going to be similar there may be state-specific nuances that have to be considered.
    Answer Applies to: California
    Replied: 3/17/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Maybe, you need to have it reviewed by a New Mexico attorney.
    Answer Applies to: Nevada
    Replied: 3/17/2014
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    Normally a power of attorney is valid in a state other than the state in which it was signed however, state laws vary and this could be critical in a real estate transaction. If the property to be purchased is in New Mexico, you may want to check with an attorney in that state.
    Answer Applies to: Missouri
    Replied: 3/17/2014
    Law Office of Peatsa C. Wallace | Peatsa C. Wallace
    Normally, the lender will require a special power of attorney, which is specific to the purchase of the identified property. I would start with calling the closing attorney and asking what the lender or title company requires for one to act for another for the purchase of property. As I said, it has been my experience that a special power of attorney will be required in order for you to act on your husband's behalf. If there is a possibility that the lender or title company will allow you to use the durable power of attorney (Does your husband's DPOA authorize the agent to purchase property?), the next question is whether the DPOA is valid in NM. NM's code of laws will determine whether the DPOA is valid. Usually, if the DPOA is valid in the state where it originated, then the state where the real property is located will accept it. I recommend you call the closing attorney and he or she will let you know what's required.
    Answer Applies to: Georgia
    Replied: 3/17/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Most powers of attorney are standard in their wording and should be valid win whatever state you're in.
    Answer Applies to: Florida
    Replied: 3/17/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Yes, it should be sufficient if the power of attorney grants you the necessary authority to take this action on behalf of your husband. Make sure you have the document with you at the closing.
    Answer Applies to: Nebraska
    Replied: 3/17/2014
    Estrada Law P.C. | Michele Ungvarsky
    Usually one power of attorney is good anywhere in the U.S. That being said, check with the mortgage company and real estate agent, make sure they are comfortable with the power of attorney before you begin the process.
    Answer Applies to: New Mexico
    Replied: 3/17/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Each state has its own statutes regarding Powers of Attorney. Your existing Power of attorney should be sufficient. You should send a copy of your power of attorney to the settlement agent/title company, and your lender, if any, to determine if they are satisfied with and will honor your power of attorney.
    Answer Applies to: Illinois
    Replied: 3/17/2014
    Attorney At Law | James G. Maguire
    If the POA is valid in one state, it will be valid in all states. But sometimes a separate POA is needed for real estate transactions.
    Answer Applies to: Louisiana
    Replied: 3/17/2014
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