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Effectiveness of a power of attorney upon a move

Many people in Nevada use a power of attorney as an important piece of their overall estate plans. A power of attorney may be used to allow another person to conduct business on behalf of the grantor's becoming incapacitated.

Powers of attorney used to expire after a set time period, but most states now allow the documents to be drafted as durable ones, meaning they will not expire unless the grantor revokes them. The laws governing a power of attorney vary from state to state, so if a person moves, he or she should meet with an estate planning attorney to update the power of attorney to conform to the laws of the new state.

People should consider regularly reviewing their power of attorney as well as the other documents contained in their estate plan. Although the power of attorney may be a durable one, it should still be reviewed for its effectiveness. For example, people may later decide to choose a different agent who will hold the authority granted by the document. The laws may change as well, necessitating a corresponding change to the document.

Having a power of attorney in place can help people protect their finances in the event they become incapacitated by an unexpected illness or accident. The document can be written in a manner that it goes into effect only upon a triggering event. With such a document, the person's family will not have to go to probate court in order to seek the appointment of a guardian. If people do not have a power of attorney in place, they should consider drafting one. An estate planning attorney may be able to help with drafting a legally sound document according to the current laws of the state.

Source: American Bar Association, "Power of Attorney", accessed on Jan. 31, 2015

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