Are powers of attorney adequate of need to be replaced.

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Are powers of attorney adequate of need to be replaced.

I live in VA and have a revocable living family Trust. My son has power of attorney. My wife and I will be moving to SC to live with my daughter. My son lives in MD and is not moving. Can I still keep my son as power of attorney or does he have to be replaced because he will not be a SC resident?

Asked on April 14, 2018 under Estate Planning, Virginia

Answers:

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

Answered 2 years ago | Contributor

A agent who holds another's POA can reside in any state; they do not have to reside in the same state as the principal (e.g. the person who gave the power). 

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your son, who has power of attorney, can reside anywhere.  He does not need to reside in your state.  Therefore, he can continue to have power of attorney over your revocable living family Trust.  A power of attorney is effective whether the parties reside in the same state or different states.


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