As part of an estate plan, it may be worthwhile to give someone power of attorney. In most cases, the power of attorney is valid even if an individual moves to a different state. However, it may be worthwhile to review the laws in the new state as a way for someone to familiarize him or herself with the nuances of that state’s statutes.
When a power of attorney is granted, it can come with an expiration date if the person who grants it so chooses. In the past, a state typically required an individual to renew the power of attorney to ensure its validity. Today, most powers of attorney are considered to be durable. This means that they last until the individual who bestowed the power revokes it or passes away.
Whether the power of attorney expires on its own or action must be taken, it may be worthwhile to review the document with an attorney. Doing so can increase the odds that former friends or a former spouse who may have their own best interests at heart are not making decisions for that individual. Reviewing the document with an attorney may also allow an individual to review an estate plan as a whole and make any changes that might be necessary.
Prior to providing anyone with durable power of attorney, it may be worthwhile to do so with the help of an estate planning attorney. An attorney may be able to provide advice as to who should have such power and under what conditions. This may make it easier for an individual to make a decision that is in his or best interests both today and in the future.