constitutional-law civil agency
Power of Attorney Process Between 2 Individuals residing in Different states
<p>Can my brother in Florida give me his Power of Attorney when I reside in North Carolina, not Florida?</p>

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<p>Can my brother in FL give me his POA when I reside in NC, not FL</p>
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<p>Yes. This is done routinely.</p>
<p>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).</p>

<p>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.</p>
<p>The Maryland statutory form of a Power of attorney is given in code <a href="https://law.justia.com/codes/maryland/2010/estates-and-trusts/title-17/subtitle-2/17-202/" rel="nofollow noreferrer">Section 17-202</a>. Nothing in that form requires or even suggests that principal and agent must reside in the same state.</p>
<p>According to <a href="https://law.justia.com/codes/maryland/2010/estates-and-trusts/title-17/subtitle-1/17-104/" rel="nofollow noreferrer">Section 17-104</a> provides that:</p>
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<p>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.</p>
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<p>And moreover nothing in <a href="https://law.justia.com/codes/maryland/2010/estates-and-trusts/title-17/subtitle-1/17-101/" rel="nofollow noreferrer">Section 17-101</a> or any of the following sections of chapter 1 requires or even suggests that principal and agent must reside in the same state.</p>
<p>To the best of m y understanding, POA law is similar on this point in all US states and many other countries.</p>
