Is there a durable power of attorney for multiple states?

UPDATED: Aug 24, 2011

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Is there a durable power of attorney for multiple states?

My mom owns property in several states and we now need a durable power of attorney. Is there a durable power of attorney that will be accepted in all states or do I need one from each state where she has interests? Is the difference between state specific POA’s in the language of the POA itself, or “housekeeping” issues such as 1 state requires 2 witnesses and a notary, while another only 1 witness? If an on-line POA has a space for only 1 agent, can I add a successor or would that somehow invalidate the document?

Asked on August 24, 2011 Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking, a Power of Attorney that is validly executed in one state is valid as a durable Power of Attorney is all states.  The requirements in all states are different but to be on the safe side, assume that the document should be notarized and witnessed to deal with transactions involving the conveyance of real property.  It may be wise for you to have an attorney draw the document up so that it is tailored to your needs and names an alternate.  You do not want to come up against a road block when trying to deal with the issues you are or that the worst - the conveyance was not valid.  Good luck.

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 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.

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