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Is a power of attorney still valid if I move to another state?

On Behalf of | Sep 3, 2024 | Estate Planning, Powers of Attorney

If you are planning a move from one state to another, you may wonder if your legal documents are still valid. This post will discuss specifically whether powers of attorney (POA) are valid if you execute them in New York and then move to another state.

General validity of a power of attorney

In general, a power of attorney that you execute in New York is valid in another state as long as your power of attorney complies with the laws of the state where you executed it. In this case, New York.

Every state is different

It is important to note that each state has laws regarding the execution and requirements of a valid power of attorney. For example, some states require that you notarize your power of attorney, while others require that you also have witnesses. If you complied with New York laws when you executed your power of attorney, it is probably valid in different states.

Consider local laws

Most states recognize the powers granted by a power of attorney executed in another state if they do not directly conflict with local laws. You may need to revise the document if your power of attorney includes powers regulated differently in the new state.

Consider updating your POA

Even if the new state recognizes your power of attorney as valid, you may consider creating a new one that complies with local laws. This can help in the event the document or its validity is ever called into question.

If you create a new power of attorney, formally revoke the old one. You can usually accomplish this by writing a revocation letter and informing your agent. It is best to discuss the situation with your attorney before you move so you can be confident that you are doing things correctly.

Typically, if you create and execute a power of attorney in New York, it will be valid in other states. However, if you want to avoid any confusion or complications, speak with your attorney about the possibility of revoking the old one and creating a new one that complies with the laws of the state where you are moving.