Can a person from Australia hold durable power of attorney for a US citizen living in the US?

Asked on December 3, 2015 under Estate Planning, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As a general rule, as long as the agent (i.e. the one to whom the power is being given) is 18 years of age or older and is mentally competent, they may serve as your POA. That having been said, since your POA will have to deal with various matters of your finances, business or otherwise, it would be advisable if at all possible to appoint someone who lives closer to you.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Legally, yes: a principal (the person granting the power of attorney) may grant that power to any mentally competent over-18-year old person, including a person living in another country. Practically, the time difference would make it very difficult for the Australian-domiciled person to interact with businesses, banks, etc. in the U.S., making him or her a bad choice.

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