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Make question private...Is it legal to be a poa for close

Please make question private...Is it...
Please make question private...Is it legal to be a poa for close relative when you live outside the usa in a different country? Also another relative who lives in usa but not in Pa. Where the elderley relative lives is 2nd choice for poa. Can the poa be signed in the state of Pa. without the person physically being there? E.g. fedex document to different state...sign with notary...return to PA where the elderley lives for rest of signatures and notary? Would it be legal? Thank you
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Answered in 55 minutes by:
10/19/2017
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 121,092
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
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It is legal to be a Power of Attorney and live outside of the state and country, it is not legal to be legal guardian for a person when living out of the country. PoA and guardian are two different things. A PoA can sign and act for the principal as the principal could act themselves, the guardian is a court appointed person who has rights to handle all affairs and make all decisions for the person and the person no longer can make any decisions because they are deemed incompetent and as such that guardian must be in the same state.

A PoA can be signed by the PoA in another state and notarized in that state and then sent back to PA for signatures and notary for signatures in PA. So, yes, they can be signed out of state and mailed back and forth. The PA notary cannot legally notarize the signature of someone who lives out of state and signed it when out of state and not in the PA notary's presence.

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Customer reply replied 3 months ago
Thanks...2nd point on poa notary in Pa. If notary cannot sign for out of state poa signed by out of state notary, when all is done is the poa legal in pennsylvania when there are 2 notaries with 1 notary out of state signing for poa out of state? Are there risks it could be contested etc?

Thank you for your reply.

A notary can only sign if they witness signature. A notary from another state could still sign a PA PoA form if they witness the party signing it. The PoA would still be valid. I actually have done this several times, where one party signs in state A with a notary in that state and the other signs in state B with a notary in that state, it is a valid PoA.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 121,092
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified
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Customer reply replied 3 months ago
Perfect...I knew it was possible...thanks for clear explanation. ..5 star always

Thank you.

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Customer reply replied 3 months ago
Approximately how much a lawyer would charge to process poa out of state as described

Thank you for your reply.

To write a PoA would likely be about $250. However, if you have the PoA written already and you can write your own, you can go to a notary at the bank or in the other state for free or less than $20 or so.

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Customer reply replied 3 months ago
follow up ....POA agent is in Canada. Would the process described above between states A & B work, substituting Notary and agent located in Canada; would poa be legal?

Thank you for your reply.

If the agent is located in Canada, it would still be legal to have a person authorized as a notary in Canada to sign and the document would be valid in the US.

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Law Educator, Esq.
Law Educator, Esq.
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