Is a Nevada State POA applicable if the individual moves to Arizona?

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Is a Nevada State POA applicable if the individual moves to Arizona?

I am doing a State of Nevada POA for a family friend. This individual may be
moving to Arizona in the near future. The family wants to know will the State of
Nevada POA will be acceptale in the State of Arizona?

Asked on September 26, 2018 under Estate Planning, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it wil be acceptable. Every state will enforce the laws of every other state, and therefore agreements (like powers of attorney) validly made under the laws of a sister state. So long as the POA is valid under NY law, including propertly signed and witnessed, AZ will enforce it. That said, it's not a bad idea to make sure it falls under the rules/laws of both states--that way, someone familiar with AZ law or requirements on the subject will not object to it, forcing your friend or his/her attorney-in-fact/agent (the person given power by the POA) to prove to the other person that it is valid. Since the laws of all states about POA (at least all states with which I am familiar) are very similar, it should not be difficult to make sure the POA complies with both NY and AZ law.


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