What happens to a Power of Attorney if the person giving the POA moves out-of-state?

UPDATED: Oct 23, 2013

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What happens to a Power of Attorney if the person giving the POA moves out-of-state?

My in-laws are older and have health issues. They gave a power of attorney to their daughter, however it was prepared when they lived in another state. They moved and need to purchase health coverage, which their daughter handles for them. The insurance carrier needs to have a copy of the durable power of attorney. Do we need to prepare one for that state or will the original one work?

Asked on October 23, 2013 under Estate Planning, Illinois


Terence Fenelon / Law Offices of Terence Fenelon

Answered 9 years ago | Contributor

The answer to your question depends upon the laws of the state in which your in-law currently reside.  Some states have varying laws regarding the execution and scope of a POA. I would seek advice from an attorney through a local bar association  to determine the legal requirements of their current residence.  It may be sufficient.

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