Menu

What Is Jurisdiction And Governing Law In A Power Of Attorney?


Since the laws regarding powers of attorney vary from state to state, a power of attorney document should designate the laws that should be interpreted as the governing laws. If there are disputes over a power of attorney, the jurisdiction will dictate which state’s courts will have the authority to resolve those disputes.

Does It Matter Where My Power Of Attorney Is Executed?

It does not matter where a power of attorney is executed; it will be effective regardless, as long as the formalities of execution are followed.

When Does A Power Of Attorney Take Effect?

Generally, a power of attorney can be made so that it’s effective immediately or upon incapacity of the principal. When we do estate planning for powers of attorney, we usually make them effective immediately so that the agent can not only decide when the principal needs help, but also step in and provide that help. It’s also possible to set out an effective date beyond the date of execution.

When Does A Power Of Attorney End?

A power of attorney always ends at the death of the principal, and may end when the principal becomes incapacitated. If it’s not a durable power of attorney, then it will end if it is revoked.

How Is A Power Of Attorney Revoked?

In order to revoke a power of attorney, the principal would sign a document stating that they intend to revoke the power of attorney. This document would generally include a copy of the power of attorney and the revocation, which must be given to any third party who had been given the original power of attorney (e.g. banks, investment companies).

Can My Agent Appoint A New Agent For Me?

An agent cannot appoint a new agent; this is something that only a principal is allowed to do.

Does A Power Of Attorney Expire?

A power of attorney can be written with duration and an expiration date, so it could expire. However, most powers of attorney are not written that way and therefore do not expire by their own terms during the lifetime of the principal.

What Makes A Power Of Attorney Legal?

A power of attorney document is made legal by having language that shows the intent to clearly specify the name of an individual who will serve as the principal’s attorney, along with the specific powers that will be granted to that individual.

How Do You Sign A Power Of Attorney Form?

A power of attorney form should always be signed in the presence of a notary public so that the notary can attest to the fact that the principal signed the document.

Where Are Power Of Attorney Forms Filed?

Power of attorney forms will not necessarily be filed, but if they are, they would be recorded with a county recorder. This would be done if the agent was transferring real estate for the principal, and the deed would be recorded as well.

Where Should I Store My Power Of Attorney Documents?

It is advisable for a principal to keep a power of attorney document somewhere safe in their home. They should not put it in a safety deposit box or give it to an agent unless they intend for the agent to use it immediately; if that’s the case, it would be advisable to have the agent store the document in a safe yet easily accessible location.

For more information on Jurisdiction And Governing Law In Power Of Attorney, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 385-6303 today.

Newell & Havens Attorney At Law

Call for a free assessment of your needs
(626) 385-6303.

Follow Us On