Legal Question in Wills and Trusts in New York
Power of Attorney
Does each state have it's own Power of Attorney form, or is there one generic
form that can be used for i.e. Virginia and New York. My mother's primary
residence is in New York, but spends the winters in Virginia. Just as a
precaution, we are considering making my sister in Virginia the power of
attorney for my mom. Will we need to have a separate power of attorney for
each state? Thank you.-
3 Answers from Attorneys
Re: Power of Attorney
As long as the power of attorney form is valid under the laws of the state in which it was drafted, it will be effective. That being said, it is probably a good idea to also have one done using the Virginia form, since banks and other third parties will be more accustomed to using that form.
Re: Power of Attorney
If the form is executed in compliance with state law, a comprehensive form, even if generic, should be eligible and recognized in most states. I would suggest an attorney prepare the form, rather than just using a stationery store form. You do not say what the form will be used for (just bank and brokerage accounts) or other purposes as well (such as allowing the making of gifts to family members, Medicaid planning in the event of incapacity, filing tax returns, etc.). I have a comprehensive form, which I can make available for a nominal fee, if you contact me directly.
Re: Power of Attorney
Each state is different and documents should be done for each separate state
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