Three of the Six (6) Greater States define the property relevant to a Power of Attorney
In California (§4123), Texas (§751.031)and Pennsylvania (§5601.4) legislation includes provision broadly to the effect that:- test
In California, the last principle above dealing with exercise of authority or execution the Power of Attorney is executed in the relevant state is dealt with in a separate provision (§4052).
In Illinois, Florida and New York no similar provision is included in the legislation.
In Illinois, reference to notions of this kind are found in §3-4 which forms part of Article III Statutory Short Form Power of Attorney states with regard to the ‘statutory’ tasks that an agent will have authority to exercise each granted power for and in the name of the principal with respect to all of the principal's interests in every type of property or transaction covered by the granted power at the time of exercise, whether the principal's interests are direct or indirect, whole or fractional, legal, equitable or contractual, as a joint tenant or tenant in common or held in any other form.
§4123 states:
(a) In a power of attorney under this division, a principal may grant authority to an attorney-in-fact to act on the principal’s behalf with respect to all lawful subjects and purposes or with respect to one or more express subjects or purposes. The attorney-in-fact may be granted authority with regard to the principal’s property, personal care, or any other matter.
(b) With regard to property matters, a power of attorney may grant authority to make decisions concerning all or part of the principal's real and personal property, whether owned by the principal at the time of the execution of the power of attorney or thereafter acquired or whether located in this state or elsewhere, without the need for a description of each item or parcel of property.
In California, the notion of a Power of Attorney executed outside the state is caught in §4052 which recognizes any one of many matters (including execution in California) may give California jurisdiction
§4052 states:
(a) If a power of attorney provides that the Power of Attorney Law of this state governs the power of attorney or otherwise indicates the principal’s intention that the Power of Attorney Law of this state governs the power of attorney, this division governs the power of attorney and applies to acts and transactions of the attorney-in-fact in this state or outside this state where any of the following conditions is satisfied:
….(2) The principal executed the power of attorney in this state.
§4464 (regarding the government form) states:
The powers described in this chapter are exercisable equally with respect to an interest the principal has when the statutory form power of attorney is executed or acquires later, whether or not the property is located in this state, and whether or not the powers are exercised or the power of attorney is executed in this state.
(e) Authority granted in a durable power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, regardless of whether:
(1) the property is located in this state; and
(2) the authority is exercised in this state or the power of attorney is executed in this state.
§752.115 (in respect of the ‘statutory’ tasks)
The powers described by §752.102 to §752.1145 may be exercised equally with respect to an interest the principal has at the time the durable power of attorney is executed or acquires later, whether or not:
(1) the property is located in this state; or
(2) the powers are exercised or the durable power of attorney is executed in this state.
No similar provision.
§709.2102 states:-
(12) “Property” means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest or right therein.
§3-4 states in respect of the government form:
The agent will have authority to exercise each granted power for and in the name of the principal with respect to all of the principal's interests in every type of property or transaction covered by the granted power at the time of exercise, whether the principal's interests are direct or indirect, whole or fractional, legal, equitable or contractual, as a joint tenant or tenant in common or held in any other form
§5601.4 in Pennsylvania provides
Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this State and whether or not the authority is exercised or the power of attorney is executed in this State.