Power of Attorney Process Between 2 Individuals residing in Different states

Question

Can my brother in Florida give me his Power of Attorney when I reside in North Carolina, not Florida?

Answer 1

Can my brother in FL give me his POA when I reside in NC, not FL

Yes. This is done routinely.

In this situation, the POA instrument would usually have an express choice of law clause that states that Florida law applies (but such a clause is not necessary for the POA to be valid and there are few differences in the agency law of powers of attorney between Florida and North Carolina).

Answer 2

Yes. For several years I (a resident of Maryland) held and exercised a PoA granted to me by my father, a resident of NY state. It was accepted sand acted on by several financial institutions, an accountant, and several government agencies.

The Maryland statutory form of a Power of attorney is given in code Section 17-202. Nothing in that form requires or even suggests that principal and agent must reside in the same state.

According to Section 17-104 provides that:

A person may not require an additional or different form of power of attorney for any authority granted in a statutory form power of attorney.

And moreover nothing in Section 17-101 or any of the following sections of chapter 1 requires or even suggests that principal and agent must reside in the same state.

To the best of m y understanding, POA law is similar on this point in all US states and many other countries.