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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption