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Power of Attorney >> Granting Broad Powers >> Which would be the correct state to acquire a POA?
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| Discussion: Which would be the correct state to acquire a POA? | - |
| Joined 29 Nov 2021 11:15 am
1 post
Unrated |
My father-in-law is a resident of PA. He is currently staying with us, and may decide to live with us indefinitely. If so, he'd need to go back to PA, sell his house and tie up some loose ends. My father-in-law would like for my husband to have a power of attorney to handle things on his behalf, which could range from selling his home to writing checks, if need be. Does the POA need to be executed in the state where the transactions would take place? Or would a POA signed in GA be honored in PA?
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| Joined 26 Jan 2022 1:01 pm
144 posts
9.6/10 Rating |
Dear Melanie,
Generally speaking, a power of attorney recognized in one state may have limited utility in another state because of different execution requirements.
However, Pennsylvania and Georgia states, as well as other 47 states, adopted the Uniform Durable Power of attorney Act. The purpose of this legislation was “To provide a simple way for people of modest means to deal with their property by providing a power of attorney that will survive after the incompetence of their principal.” (Uniform Probate Court, Article V, Part V.) Therefore, both forms are rather uniform.
We understand that your father in law is an aged person and he is not planning to go back to PA. Therefore, he has to execute a Power of attorney in state of Georgia to handle his personal matters.
We would recommend you to check execution requirements for the state of PA first.
Then, your father-in-law must mention, among other powers he grants, that this Power of attorney is intended to be used for sale of his real property in PA.
Please be advised that Legal Helpmate is not a law firm and we do not give legal advice to the public.
Best regards,
Customer Support
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| Joined 26 Jan 2022 1:01 pm
144 posts
9.6/10 Rating |
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