If I need to get a power of attorney for my father who lives in the Philippines for a business matter in the US, do I get a lawyer from the US or from the Philippines?

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If I need to get a power of attorney for my father who lives in the Philippines for a business matter in the US, do I get a lawyer from the US or from the Philippines?

My father has mental condition and owns an account. In order for me to manage that account I’m being ask for durable power of attorney. Currently he is living in the Philippines and the company is in US.

Asked on August 26, 2014 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The power of attorney should comply with U.S.  law--particularly the law of the state in which he has assets or business to manage--and so should be drafted by an attorney familiar with that law (e.g. an attorney in that state). You may also need a Philipines attorney to make sure that it is properly witnessed and executed by your father. Be advised that if your father's "mental condition" means he is not mentally compentent, he *can't* give you a legal power of attorney: only mentally competent individuals can.


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