Powers of attorney are agreements in which one person (the principal) gives authority to another person (the agent) to act on behalf of the principal.
The rules and requirements of powers of attorney are governed by state law, so the laws vary somewhat from one state to another.
Groups of attorneys, law professors and other professionals often create sets of model laws that states can adopt. Such a group created model laws for powers of attorney over the years. The most recent set of model laws for powers of attorney is called the “Uniform Power of Attorney Act,” which was introduced in 2006.
The Uniform Power of Attorney Act does not require that a written power of attorney include a notarized signature of the principal. However, getting the principal’s signature on a power of attorney notarized is a very good practice. Alternatively, a principal’s signature on a power of attorney can be witnessed by two people, who themselves sign the power of attorney indicating that each person witnessed the principal signing the power of attorney.
As to be expected, the Uniform Power of Attorney Act provides that states reciprocally honor powers of attorney prepared and executed in other states that have adopted the Uniform Power of Attorney Act.
Ohio and 25 other states have adopted the Uniform Power of Attorney Act as those states’ respective laws concerning general/financial powers of attorney.
Thus, when traveling outside Ohio, a person has about a 50-50 chance that the state being visited has adopted the Uniform Power of Attorney Act. Texas, Kentucky, West Virginia, the Carolinas, Montana and Colorado are like Ohio in having adopted the Uniform Power of Attorney Act.
Before the Uniform Power of Attorney Act, there were other sets of model laws governing powers of attorney, which earlier model laws various states adopted. There are seven states and territories that use one or more prior versions of the Uniform Power of Attorney Act, which previous versions of the uniform law provide a lot, but not necessarily complete, reciprocity for powers of attorney enforceability. Those states include Indiana, California, and Tennessee.
Some vacation destination states have adopted laws that are not consistent with the Uniform Power of Attorney Act but provide that any power of attorney that is valid in the state in which the power of attorney was signed (original state) is valid in the vacation destination state. For example, this is the law in Florida, where a properly executed power of attorney that is validly signed in Ohio is enforceable as if the power of attorney was being used in Ohio.
Of course, few people want to bring their power of attorney documentation with them when they vacation. Some law firms provide remote access to powers of attorney. For example, my firm has an emergency, 24-hour-a-day mobile phone line for clients from which phone line powers of attorney can be requested. There are also various third-party companies that will electronically store powers of attorney and fax or email them upon request.
Lee R. Schroeder is an Ohio licensed attorney at Schroeder Law LLC in Putnam County. He limits his practice to business, real estate, estate planning and agriculture issues in northwest Ohio. He can be reached at [email protected] or at 419-659-2058. This article is not intended to serve as legal advice, and specific advice should be sought from the licensed attorney of your choice based upon the specific facts and circumstances that you face.
