Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 55 minutes by:
10/19/2017
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 125,946
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Ask Your Own Estate Law Question

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.

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.

Ask Your Own Estate Law Question
Customer reply replied 9 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: 125,946
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified
Law Educator, Esq. and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 months ago
Perfect...I knew it was possible...thanks for clear explanation. ..5 star always

Thank you.

Ask Your Own Estate Law Question
Customer reply replied 9 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.

Ask Your Own Estate Law Question
Customer reply replied 9 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.

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 125,946
125,946 Satisfied Customers
Experience: Experienced in Trust and Succession Law, including Louisiana Laws

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,841 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,579 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,133 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,514 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,209 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
I need to do financial and medical power of attorney for
I need to do financial and medical power of attorney for father who is incapacitated. He is mentally alert but cannot physically sign or acknowledge anything. How to get poa?… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
I have a question about a power of attorney document I have
Hello, I have a question about a power of attorney document I have for my Mother. I was hoping I might be able to send it to someone for review. Thank you!… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,841 satisfied customers
I have a powe of attorney for my wife but the bank won't
I have a powe of attorney for my wife but the bank won't accept it because they it needs to have an acknowledgement on it. Can you tell me what this is?… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
If I signed a repudiation of inheritance in one country
If I signed a repudiation of inheritance in one country (Portugal) weaving the estate of my husband, Is that document legal in another Country (USA)?… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
My sister in law told my husband that she was going to give
my sister in law told my husband that she was going to give him power of atty. We received a copy of the so called power of atty with her signature and a notary stamp My husband's name was no where on… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My father had alcohol induced dementia . During a time when he was having prostat
My father had alcohol induced dementia for years. During a time when he was having prostate surgery & on much medication his girlfriend [unbeknown to his family] enacted a TOD on his investment accoun… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
My mother-in-law is no longer able to write her signature due
My mother-in-law is no longer able to write her signature due to shaking and poor vision. She is mentally sound. She has a prepared Power of Attorney ready to sign. What is the proper way to handle th… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I am the executor of an estate in the USA. Two of the beneficiaries
I am the executor of an estate in the USA. Two of the beneficiaries of the Will of the deceased are German citizens and reside in Germany. The "Refunding Bond and Release", required by New Jersey stat… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,867 satisfied customers
Hello. My mother is a resident of Florida. Is a Florida durable
Hello. My mother is a resident of Florida. Is a Florida durable power of attorney good in New York as well? There is real estate in NY. Thanks… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,867 satisfied customers
My husband and I are on title to our house with our 2 fathers
My husband and I are on title to our house with our 2 fathers with right of survivorship. My father-in-law is dying of cancer and yesterday his daughter went to the hospital and had him sign documents… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Hi Barrister... I found the Power of Attorney my brother filed
Hi Barrister... I found the Power of Attorney my brother filed with the court. However, it does not look legal. It looks like something printed off the internet and he completed on his own. If I send … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,841 satisfied customers
My mother established a living trust in South Carolina naming
My mother established a living trust in South Carolina naming herself as trustee and me as successor trustee. She is now 92 years old, is living in a skilled nursing facility, and is not capable of ha… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am beneficiary to an Estate which the PR wishes to close.
I am beneficiary to an Estate which the PR wishes to close. However I incurred $14K in legal fees trying to get an accounting -- especially due to anomalies...such as the use by PR of a defective PoA … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,265 satisfied customers
My aunt and I both have Power of Attorneys that were signed
My aunt and I both have Power of Attorneys that were signed by my mother on the same day. I am not listed on my Aunt's POA and she is not listed on mine. How does this effect us in the state of NC? Do… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,170 satisfied customers
I have been made POA of my mothers estate. When we originally
I have been made POA of my mother's estate. When we originally signed the Durable Power of Attorney, a releative witness and I noticed later a relative can not sign, do I need to ammend the POA?. Also… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My Mother is a resident of Texas but had a heart attack in
My Mother is a resident of Texas but had a heart attack in MI. She is still in the hospital and I want power of attorney. My Dad is not paying any of her bills and the car almost got repossessed. I ha… read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
Is there any exceptions in the state of New Hampshire for hardships
Is there any exceptions in the state of New Hampshire for hardships when one heir lives outside the country and is too ill to travel to have signature notarized on a quitclaim deed. I have the signatu… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,176 satisfied customers
My Uncle passed away recently. His last living relative, my
My Uncle passed away recently. His last living relative, my father, had POA and is the Executor of the will. My uncle changed his will within the last 3 months of his life removing his deceased wife's… read more
JaxLaw
JaxLaw
Associate Attorney
Doctoral Degree
1,722 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x