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Is my parent’s POA actually usable?

A signed POA is only operational if it is the right document, still effective, gives the needed power, and can be presented to the institution that must act.

Review recommended

Your situation

You have a POA, but you do not know whether it will actually work when you need it.

What to check first

1

Confirm the exact document and jurisdiction.

2

Check whether it is durable or otherwise remains effective if incapacity occurs.

3

Confirm when it becomes effective and whether the principal revoked or replaced it.

4

Match the requested action to an express or implied power in the document.

5

Ask the institution what exact issue, certification, translation, or legal concern is blocking use.

Common rule

A POA is a legal document allowing an agent to act for the principal. The governing law and the document control the powers, effectiveness, and acceptance rules.

What not to assume

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Do not assume a newer POA automatically invalidates every older one.

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Do not assume every financial institution must accept every POA immediately.

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Do not assume a financial POA also grants health-care authority.

What you can do now

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Locate the complete signed document.

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Identify the governing jurisdiction.

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Mark the exact power you need to use.

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Present the document before a crisis if practical.

When professional help becomes important

Seek legal review if there are competing POAs, revocation concerns, ambiguity about effectiveness, or an institution disputes validity or scope.

Jurisdiction matters

QC, CA

Au Québec, une procuration ordinaire et un mandat de protection ne sont pas interchangeables. Le mandat de protection vise l’inaptitude et ne peut être exercé avant homologation judiciaire.

AB, CA

Alberta uses an Enduring Power of Attorney for financial matters and a separate Personal Directive for personal decisions. The EPA may start immediately or upon a specified future event, depending on its wording.

BC, CA

British Columbia uses an Enduring Power of Attorney for financial affairs. Its effectiveness depends on execution, any stated effective date, and any triggering event described in the document.

ON, CA

Ontario distinguishes a Power of Attorney for Property from a Power of Attorney for Personal Care. A property attorney may act immediately unless the document provides otherwise; the document and the Substitute Decisions Act control scope and timing.

NC, US

North Carolina allows good-faith reliance on an acknowledged POA and permits requests for certification, translation or an opinion of counsel in defined circumstances.

OH, US

Ohio POAs are generally effective when executed unless the document delays effectiveness or makes it contingent on a future event.

MI, US

Michigan adopted a Uniform Power of Attorney Act effective July 1, 2024. Document date, execution, durability and the exact authority granted must be checked under the current act.

MA, US

Massachusetts durability depends on the wording required by chapter 190B § 5-501; a POA should not be assumed durable merely because it exists.

AZ, US

Arizona durable POAs must satisfy the statutory creation and execution requirements in A.R.S. § 14-5501.

MD, US

Maryland’s statutory financial POA is effective immediately unless special instructions provide otherwise; exact form, execution and special instructions matter.

VA, US

Virginia POAs are generally effective when executed unless the document delays effectiveness or makes it contingent on a future event.

SC, US

South Carolina POAs are durable by default unless the document expressly provides that incapacity terminates the authority.

NJ, US

In New Jersey, durability depends on the required statutory language or similar wording showing that authority survives or begins upon later disability or incapacity.

NV, US

Nevada financial POAs are durable by default unless the document says incapacity terminates them; they are generally effective when executed unless the document delays effectiveness.

CT, US

Connecticut POAs are durable by default under the Connecticut Uniform Power of Attorney Act unless the document provides otherwise.

ND, US

North Dakota durable POA status depends on statutory durability wording or similar language showing that authority survives or begins upon later disability or incapacity.

NE, US

Nebraska POAs created after January 1, 2013 are durable by default unless expressly non-durable and are generally effective when executed unless the document delays effectiveness.

OR, US

Oregon POAs are generally effective when executed unless the document delays or limits effectiveness.

WY, US

Wyoming POAs are durable by default unless expressly non-durable and are generally effective when executed unless the document delays effectiveness.

ME, US

Maine POAs are durable by default unless expressly non-durable and are effective when executed unless the document delays effectiveness or makes it contingent on a future event.

KY, US

Kentucky POAs are durable by default unless expressly non-durable and are effective when executed unless the document delays effectiveness or makes it contingent on a future event.

NM, US

New Mexico uses the Uniform Power of Attorney Act at NMSA 1978 §§ 45-5B-101 through 45-5B-403. A POA is durable by default under § 45-5B-104 and is generally effective when executed unless delayed under § 45-5B-109.

VT, US

Vermont’s current Uniform Power of Attorney Act took effect July 1, 2023. A POA is durable by default and generally effective on execution unless delayed.

WV, US

West Virginia POAs are durable by default under § 39B-1-104 unless the document provides otherwise.

SD, US

South Dakota POAs are generally effective when executed unless delayed by the document. Durability depends on statutory durability language or equivalent wording.

MO, US

Missouri durable POA status depends on the statutory durability requirements in § 404.705; a POA should not be assumed durable merely because one exists.

KS, US

Kansas is governed by its own Power of Attorney Act, not the UPOAA. Durable status and effectiveness depend on K.S.A. 58-652 and the document wording.

AK, US

Alaska POA validity depends on the execution requirements in AS 13.26.600 and the exact document.

AL, US

Alabama POAs are durable by default unless expressly non-durable and generally effective when executed unless the document delays effectiveness or makes it contingent on a future event.

LA, US

Louisiana uses civil-law concepts of representation, procuration and mandate rather than the UPOAA. Parent Ready should use Louisiana terminology and Civil Code arts. 2985-3032.

IN, US

Indiana uses its own Indiana Code Article 30-5 rather than the UPOAA. Verify durability, execution, effective date and scope under Indiana law and the document.

GA, US

Georgia uses the Georgia Uniform Power of Attorney Act in Chapter 10-6B; exact execution, durability and effectiveness rules must be checked there.

AR, US

Arkansas uses its Uniform Power of Attorney Act at A.C.A. § 28-68-101 et seq.; verify execution, durability, effective date and scope under that act and the document.

WI, US

Wisconsin chapter 244 governs powers of attorney for finances and property; durability, effectiveness and exact authority must be checked under that chapter and the document.

RI, US

Rhode Island has a voluntary statutory short-form POA act rather than the UPOAA. The exact form and granted categories must be read before treating the authority as usable.

MT, US

Montana uses the Uniform Power of Attorney Act in Title 72, chapter 31, part 3; verify execution, durability, effective date and scope there and in the document.

NH, US

New Hampshire uses the Uniform Power of Attorney Act, RSA chapter 564-E. A POA is durable by default and generally effective when executed unless the document delays effectiveness.

TN, US

Tennessee retains its own Uniform Durable Power of Attorney Act in Title 34, chapter 6, part 1; do not treat Tennessee as a modern UPOAA state. Verify durability and effective date under Tennessee law and the document.

OK, US

Oklahoma Title 15 retains a statutory-form Power of Attorney Act. Durability depends on wording showing the principal’s intent that authority survive incapacity; do not assume every Oklahoma POA is durable.

MS, US

Mississippi official guidance confirms the ordinary/durable POA distinction, but Parent Ready does not yet have a single modern UPOAA-style statute supporting a universal scope/acceptance framework. Verify the exact instrument and applicable Mississippi law before acting.

ID, US

Idaho uses the Uniform Power of Attorney Act in Title 15, chapter 12. Verify execution, validity, durability, effective date and exact authority under that chapter and the document.

Official sources

What is a power of attorney (POA)?Consumer Financial Protection BureauAcknowledged power of attorney—Acceptance—Refusal to acceptWashington State Legislature · RCW 11.125.200Faire homologuer un mandat de protectionGouvernement du QuébecMake a power of attorneyGovernment of OntarioSubstitute Decisions Act, 1992Government of OntarioPower of Attorney ActBritish Columbia LawsEnduring power of attorneyGovernment of AlbertaUniform Power of Attorney ActMichigan Legislature · MCL 556.201–556.505When power of attorney effectiveOhio Laws · § 1337.29Acceptance and reliance upon power of attorneyNorth Carolina General Assembly · § 32C-1-119When power of attorney effectiveVirginia General Assembly · § 64.2-1607Maryland statutory form personal financial power of attorneyMaryland General Assembly · § 17-202Durable power of attorney; creation; validityArizona Legislature · § 14-5501Durable power of attorney definitionMassachusetts General Court · § 5-501Powers of attorney; durable powers of attorney; disability definedNew Jersey Legislature · 46:2B-8.2Power of attorney is durableSouth Carolina Legislature · § 62-8-104Power of attorney is durableNevada Legislature · 162A.210Time at which power of attorney is effectiveNevada Legislature · 162A.260Power of attorney is durableConnecticut General Assembly · § 1-350cWhen power of attorney in effectOregon Legislature · 127.005Power of attorney is durableNebraska Legislature · § 30-4004When power of attorney effectiveNebraska Legislature · § 30-4009Uniform Durable Power of Attorney ActNorth Dakota Legislative Branch · Chapter 30.1-30Power of attorney is durableKentucky General Assembly · 457.040When power of attorney effectiveKentucky General Assembly · 457.090Power of attorney is durableMaine Legislature · § 5-904When power of attorney effectiveMaine Legislature · § 5-909Power of attorney is durableWyoming Legislature · § 3-9-104When power of attorney effectiveWyoming Legislature · § 3-9-109Uniform Power of Attorney ActSouth Dakota Legislature · Chapter 59-12Power of attorney is durableWest Virginia Legislature · § 39B-1-104Vermont Uniform Power of Attorney ActVermont General Assembly · Chapter 127Uniform Power of Attorney ActNew Mexico Compilation Commission · Article 5BPower of attorney is durableAlabama Legislature · § 26-1A-104When power of attorney effectiveAlabama Legislature · § 26-1A-109Execution of power of attorneyAlaska State Legislature · § 13.26.600Kansas Power of Attorney ActKansas Legislature · 58-650–58-665Durable power of attorney — creation and effectMissouri Revisor of Statutes · § 404.705Act 805 of 2011 — Uniform Power of Attorney ActArkansas General Assembly · A.C.A. § 28-68-101 et seq.Georgia Uniform Power of Attorney ActGeorgia General Assembly · § 10-6B-1 et seq.Indiana Code — Powers of AttorneyIndiana General Assembly · Article 30-5Louisiana Civil Code — MandateLouisiana Legislature · Arts. 2985–3032Uniform Power of Attorney ActNew Hampshire General Court · Chapter 564-EUniform Power of Attorney ActMontana Legislature · 72-31-301 et seq.Statutory short form power of attorneyRhode Island General Assembly · § 18-16-2Uniform power of attorney for finances and propertyWisconsin Legislature · Chapter 244Uniform Power of Attorney ActIdaho Legislature · Chapter 12Power of Attorney and Durable Power of Attorney definitionsMississippi Secretary of StateOklahoma Statutes Title 15 — Uniform Statutory Form Power of Attorney ActOklahoma Senate · Title 15 §§ 1001–1020Uniform Durable Power of Attorney Act — amendments establishing current fiduciary and springing provisionsTennessee General Assembly · §§ 34-6-101 et seq.