# Multi-State Affairs

> How things work where affairs are located in multiple states

Source: https://wiki.powersofattorney.com/propinotherstates · Updated 6 April 2025

> [**Where affairs** are **not inexorably linked** to one state things become complicated](https://wiki.powersofattorney.com/propinotherstates#unless-affairs-are-inexorably-linked-to-one-state-things-become-complicated)
> 
> [**“inexorably linked” means** certain criteria are satisfied](https://wiki.powersofattorney.com/propinotherstates#inexorably-linked-means-certain-criteria-are-satisfied)
> 
> [**Some states assert wider jurisdiction** than other states](https://wiki.powersofattorney.com/propinotherstates#some-states-assert-wider-jurisdiction-than-other-states)
> 
> [**Multi state affairs are complicated**](https://wiki.powersofattorney.com/propinotherstates#multi-state-affairs-are-complicated)
> 
> **REFERENCES**
> 
> - [California](https://wiki.powersofattorney.com/propinotherstates#california)
> - [Texas](https://wiki.powersofattorney.com/propinotherstates#texas)
> - [New York](https://wiki.powersofattorney.com/propinotherstates#new-york)
> - [Florida](https://wiki.powersofattorney.com/propinotherstates#florida)
> - [Illinois](https://wiki.powersofattorney.com/propinotherstates#illinois)
> - [Pennsylvania](https://wiki.powersofattorney.com/propinotherstates#pennsylvania)

## Unless Affairs Are Inexorably Linked To One State Things Become Complicated

This Wiki focuses upon *Powers of Attorney* that are [inexorably linked](https://wiki.powersofattorney.com/propinotherstates#inexorably-linked-means-certain-criteria-are-satisfied) to a single state, being one of the [Six (6) Greater States](https://wiki.powersofattorney.com/aboutthiswiki#the-six-6-greater-states-ca-tx-ny-fl-il-and-pa).

This is because matters become complicated where the relevant affairs of a [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) are located in different states.

Whilst all of the [Six (6) Greater States](https://wiki.powersofattorney.com/aboutthiswiki#the-six-6-greater-states-ca-tx-ny-fl-il-and-pa) have [legislation](https://wiki.powersofattorney.com/legislation#legislation-varies-between-the-six-6-greater-states) that recognizes *Powers of Attorney* created in another state ("**reciprocal legislation**"), the content of this [legislation](https://wiki.powersofattorney.com/legislation#legislation-varies-between-the-six-6-greater-states) is often worded differently and accordingly, may operate in different ways in different states.

Complexities arise because for example, some of the [Six (6) Greater States](https://wiki.powersofattorney.com/aboutthiswiki#the-six-6-greater-states-ca-tx-ny-fl-il-and-pa) assert greater jurisdiction than others, in effect asserting jurisdiction to make orders governing matters outside the state in which the orders are made.

There is a fair argument that the use of interstate *Powers of Attorney* is not entirely satisfactory given the subtle differences between states, including [common law](https://wiki.powersofattorney.com/terms#meaning-of-common-law) differences.

Consider for example, in **California**, a [non-durable](https://wiki.powersofattorney.com/typescommonlyusedpersons#non-durable-powers-of-attorney) *Power of Attorney* is not [terminated](https://wiki.powersofattorney.com/termmng#termination-refers-to-a-power-of-attorney-coming-to-an-end) by the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) losing [capacity](https://wiki.powersofattorney.com/capacitytexas#capacity-refers-to-ability-to-manage-ones-own-affairs): [§4155](https://codes.findlaw.com/ca/probate-code/prob-sect-4155.html) and yet, in **Texas** (where no equivalent provision exists) there would be no obstacle for example, to creating a *Power of Attorney* that entitles an [agent](https://wiki.powersofattorney.com/agentswhatisagent#an-agent-is-an-entity-appointed-by-the-principal-to-represent-and-bind-the-principal) to exercise authority under the *Power of Attorney* only when the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) has [capacity](https://wiki.powersofattorney.com/capacitytexas#capacity-refers-to-ability-to-manage-ones-own-affairs), but does not [terminate](https://wiki.powersofattorney.com/termmng#termination-refers-to-a-power-of-attorney-coming-to-an-end) upon the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) losing [capacity](https://wiki.powersofattorney.com/capacitytexas#capacity-refers-to-ability-to-manage-ones-own-affairs) and moreover, the Texas Court of Appeals handed down judgment in *Cole & Strack v McWillie, Phillips and Burke* on May 29, 2015 in which the Court concluded that the failure of a third party failed to dispute the [capacity](https://wiki.powersofattorney.com/capacitytexas#capacity-refers-to-ability-to-manage-ones-own-affairs) of the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) under a [non-](https://wiki.powersofattorney.com/typescommonlyusedpersons#non-durable-powers-of-attorney-wont-operate-if-the-principal-lacks-capacity)[durable](https://wiki.powersofattorney.com/typescommonlyusedpersons#a-durable-power-of-attorney-operates-if-the-principal-lacks-or-may-lack-capacity) *Power of Attorney* within a certain period time was fatal to the third party’s entitlement to raise such a dispute, even in a case where there was some prospect of potentially establishing that the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) lacked [capacity](https://wiki.powersofattorney.com/capacitytexas#capacity-refers-to-ability-to-manage-ones-own-affairs) at the relevant time.

This example is helpful because it illustrates how fundamental the differences between states may be, in terms of how laws operate in different states.

A [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) with affairs in different states might be well advised to [create](https://wiki.powersofattorney.com/creation/create#there-are-three-methods-to-create-a-power-of-attorney) a *Power of Attorney* in each relevant state and limit the scope of the operation of each *Power of Attorney* so as to fit within the parameters of the laws of the state and in turn, ensure that where possible if not in all instances, the fundamental terms of the different *Powers of Attorney* are the same, so as to promote consistency in the management of their affairs.

## “inexorably linked” Means Certain Criteria Are Satisfied

The term [inexorably linked](https://wiki.powersofattorney.com/propinotherstates#inexorably-linked-means-certain-criteria-are-satisfied) in this Wiki refers to having a direct and exclusive relationship relationship with a single state.

For example, if a *Power of Attorney* was [inexorably linked](https://wiki.powersofattorney.com/propinotherstates#inexorably-linked-means-certain-criteria-are-satisfied) with Texas it would include:

- the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) resides in Texas
- the *Power of Attorney* appoints an [agent](https://wiki.powersofattorney.com/agentswhatisagent#an-agent-is-an-entity-appointed-by-the-principal-to-represent-and-bind-the-principal) or [agents](https://wiki.powersofattorney.com/agentswhatisagent#an-agent-is-an-entity-appointed-by-the-principal-to-represent-and-bind-the-principal) who reside in Texas
- the *Power of Attorney* is physically executed in Texas
- the *Power of Attorney* is executed in accordance with the laws of Texas
- the *Power of Attorney* complies with the laws of Texas
- the [agents](https://wiki.powersofattorney.com/agentswhatisagent#an-agent-is-an-entity-appointed-by-the-principal-to-represent-and-bind-the-principal) appointed under the *Power of Attorney* are authorized to perform [tasks](https://wiki.powersofattorney.com/whatcanagentdo#there-are-lots-of-examples-of-commercial-tasks) relating to [commercial](https://wiki.powersofattorney.com/terms#meaning-of-commercial) matters either located or arising in Texas
- the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) either:

  - has no [commercial](https://wiki.powersofattorney.com/terms#meaning-of-commercial) matters either located or arising outside Texas; or
  - does not have [commercial](https://wiki.powersofattorney.com/terms#meaning-of-commercial) matters either located or arising outside Texas either:

    - in relation to which the agent or agents appointed under the *Power of Attorney* might have any authority under the *Power of Attorney* to perform a task; or
    - in relation to which the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) has any reason to assume the *Power of Attorney* might present a difficulty, the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) for example, having recording in the *Power of Attorney* that the *Power of Attorney* is to be given no effect in any other state and otherwise taken all available steps to ensure the *Power of Attorney* is not able to be used outside **Texas**

All of the indicia cited above are required to be fulfilled so as to constitute being “[inexorably linked](https://wiki.powersofattorney.com/propinotherstates#inexorably-linked-means-certain-criteria-are-satisfied)”.

In the absence of satisfaction of all of these criteria it is entirely likely that the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) would need to consider the interrelationship between laws of different US States before signing a *Power of Attorney.*

Considering the interrelationship of laws of different US States is inherently complicated and invariably the subject of technical legal advice with respect to laws of multiple jurisdictions.

It is entirely unlikely that there is genuinely any substitute for legal advice from an attorney where the affairs of a [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) are spread across more than one state, because the legal principles involved require an understanding of the laws relating to *Powers of Attorney* in all relevant states and understanding of other legal principles, dealing with the resolution of conflicts between laws of different states, jurisdiction, convenient forum for resolution of a dispute and many other sophisticated considerations outside any mere appreciation of *Powers of Attorney* in a given state.

That said, [creation](https://wiki.powersofattorney.com/creation/create#there-are-three-methods-to-create-a-power-of-attorney) of a *Power of Attorney* in multiple states each limited in the scope of its operation to fit within the parameters of the laws of the relevant state in designs intended to promote consistency in the management of their affairs is one possible solution, perhaps the only real solution in many cases unless the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) is willing to invite the uncertainties that go with relying upon ‘foreign recognition’ provisions in [legislation](https://wiki.powersofattorney.com/legislation#legislation-varies-between-the-six-6-greater-states).

## Some States Assert Wider Jurisdiction Than Other States

Some states like **California** have included in [legislation](https://wiki.powersofattorney.com/legislation#legislation-varies-between-the-six-6-greater-states) provision to the following effect (bold added):

“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”* (see [§4123](https://codes.findlaw.com/ca/probate-code/prob-sect-4123.html))

This sort of provision seeks to give a Court in **California** jurisdiction over property located in another US State.

Legal opinions may differ for example, about whether a provision of this kind would be given effect by a Court outside California or whether an order made by a Court of **California** in respect of property located in another US State in reliance upon [§4052](https://codes.findlaw.com/ca/probate-code/prob-sect-4052.html) would be recognized by a Court outside **California**.

States with clauses dealing with this subject matter include: **New York** ([§5-1502A](https://codes.findlaw.com/ny/general-obligations-law/gob-sect-5-1502a.html)), **Pennsylvania** ([5601.4(f)](https://codes.findlaw.com/pa/title-20-pacsa-decedents-estates-and-fiduciaries/pa-csa-sect-20-5601-4.html); **Florida** ([§709.2201](https://codes.findlaw.com/fl/title-xl-real-and-personal-property/fl-st-sect-709-2201.html)); **Texas** with respect to [durable](https://wiki.powersofattorney.com/typescommonlyusedpersons#a-durable-power-of-attorney-operates-if-the-principal-lacks-or-may-lack-capacity) *Powers of Attorney* ([§751.031](https://codes.findlaw.com/tx/estates-code/est-sect-751-031.html)).

**Illinois** has no similar kind of provision.

## Multi-State Affairs Are Complicated

Issues arising where a [principal's](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) affairs relevant to a *Power of Attorney* are not [inexorably linked](https://wiki.powersofattorney.com/propinotherstates#inexorably-linked-means-certain-criteria-are-satisfied) to a certain state are sophisticated.

They are unlikely to be resolved satisfactorily without legal advice from lawyers in multiple states.

The issues extend beyond the four corners of the *Power of Attorney,* that is a simple reading of the *Power of Attorney*.

A [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) may want to quarantine the operation of different *Powers of Attorney* in certain states, for example to take advantage of their varying laws.

A [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) with affairs in New York and California may prefer that under a *Power of Attorney* exclusively governing their affairs in California a person is appointed as a [protector](https://wiki.powersofattorney.com/introotherofficeholders#protector-ca-tx-il-pa) to take advantage of the option to appoint a [protector](https://wiki.powersofattorney.com/introotherofficeholders#protector-ca-tx-il-pa) in California that does not exist in New York and yet equally, the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) might look to rely on one *Power of Attorney* created in California and look to rely upon [§5-1512](https://codes.findlaw.com/ny/general-obligations-law/gob-sect-5-1512.html) which provides (bold added):

*“Notwithstanding the provisions of* [*§1501B*](https://codes.findlaw.com/ny/general-obligations-law/gob-sect-5-1501b.html) *of this title, a power of attorney executed in another state or jurisdiction in compliance with the law of that state or jurisdiction or the law of this state is valid in this state, regardless of whether the principal is a domiciliary of this state.  A power of attorney that complies with* [*§1501B*](https://codes.findlaw.com/ny/general-obligations-law/gob-sect-5-1501b.html) *of this title and is executed in another state or jurisdiction by a domiciliary of this state is valid in this state.  **A power of attorney executed in this state by a domiciliary of another state or jurisdiction in compliance with the law of that state or jurisdiction or the law of this state is valid in this state**.”*

Whether or not that is satisfactory to create a *Power of Attorney* that is [fit for purpose](https://wiki.powersofattorney.com/insightseeingoodpoa#fit-for-purpose-means-protecting-the-principals-interests) is something only a lawyer could sensibly discuss, being a lawyer familiar with the laws of both states, the principles applicable where laws of different states intersect and the comprehensive affairs of the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney). Consider for example, that the example above the concept in bold operates such that if the relevant [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) resided in **New York**, the outcome would be quite different to if the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) resided in California.

Of immediate relevance in this context is whether there is need to physically attend upon each state in which a *Power of Attorney* is required to be made.

Whatever provisions may exist in [legislation](https://wiki.powersofattorney.com/legislation#legislation-varies-between-the-six-6-greater-states), there may be no substitute for the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) physically standing in the state of the laws under which the *Power of Attorney* is intended to be cast as a means to involve any issue arising in this respect, even if it be an issue in respect of the construction of the relevant clause in [legislation](https://wiki.powersofattorney.com/legislation#legislation-varies-between-the-six-6-greater-states), although of course, a governing law clause specifying the state from which the laws are said to apply to the *Power of Attorney* and ensuring that the *Power of Attorney* complies with the laws of the relevant state are equally part of the process.

Different Courts may apply the laws of different states to the *Power of Attorney* in different ways, resulting in inconsistent outcomes as between various states.

A Court in one state might declare the *Power of Attorney* wholly or partly unenforceable, whilst another upholds the *Power of Attorney* as valid to serve an unintended purpose and similar.

The potential for confusion in this way is a good reason for a [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) physically standing in each relevant state to execute in each relevant state a *Power of Attorney* exclusively governing their affairs in that state, to the exclusion of all other states, so that for example, where a *Power of Attorney* might be declared to be terminated in one state, the implications in any other state are quarantined to that state.

Of course, some [principals](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) may prefer to execute a single *Power of Attorney* and look to take advantage of ‘foreign recognition’ provisions or ‘wider jurisdiction’ provisions in [legislation](https://wiki.powersofattorney.com/legislation#legislation-varies-between-the-six-6-greater-states), the question of what is best for any given [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) being suitably the subject of legal advice which might best be given by multiple lawyers, being specialists in each relevant state.

## REFERENCES

### California

[§4053](https://codes.findlaw.com/ca/probate-code/prob-sect-4053.html) states:-

*"A durable power of attorney executed in another state or jurisdiction in compliance with the law of that state or jurisdiction or the law of this state is valid and enforceable in this state to the same extent as a durable power of attorney executed in this state, regardless of whether the principal is a domiciliary of this state."*

[§4052](https://codes.findlaw.com/ca/probate-code/prob-sect-4052.html) sets out circumstances where it is said the Power of Attorney Law of California governs the *Power of Attorney*:-

*"(1) The principal or attorney-in-fact was domiciled in this state when the principal executed the power of attorney.*

*(2) The authority conferred on the attorney-in-fact relates to property, acts, or transactions in this state.*

*(3) The acts or transactions of the attorney-in-fact occurred or were intended to occur in this state.*

*(4) The principal executed the power of attorney in this state.*

*(5) There is otherwise a reasonable relationship between this state and the subject matter of the power of attorney.*

*(b) If subdivision (a) does not apply to the power of attorney, this division governs the power of attorney and applies to the acts and transactions of the attorney-in-fact in this state where either of the following conditions is satisfied:*

*(1) The principal was domiciled in this state when the principal executed the power of attorney.*

*(2) The principal executed the power of attorney in this state."*

### Texas

[§751.0023](https://codes.findlaw.com/tx/estates-code/est-sect-751-0023.html) recognizes:-

*"(a) A durable power of attorney executed in this state is valid if the execution of the instrument complies with* [*751.0021(a)*](https://codes.findlaw.com/tx/estates-code/est-sect-751-0021.html)*.*

*(b) A durable power of attorney executed in a jurisdiction other than this state is valid in this state if, when executed, the execution of the durable power of attorney complied with:*

*(1) the law of the jurisdiction that determines the meaning and effect of the durable power of attorney as provided by* [*§751.0024*](https://codes.findlaw.com/tx/estates-code/est-sect-751-0024.html)*;  or*

*(2) the requirements for a military power of attorney as provided by* [§1044b](https://codes.findlaw.com/us/title-10-armed-forces/10-usc-sect-1044b.html)*"*

[§751.0021](https://codes.findlaw.com/tx/estates-code/est-sect-751-0021.html) provides (underlining added):-

*(a) An instrument is a durable power of attorney for purposes of this subtitle if the instrument:*

*(1) is a writing or other record that designates another person as agent and grants authority to that agent to act in the place of the principal, regardless of whether the term “power of attorney” is used;*

*(2) is signed by an adult principal or in the adult principal's conscious presence by another adult directed by the principal to sign the principal's name on the instrument;*

*(3) contains:*

*(A) the words:*

*(i) “This power of attorney is not affected by subsequent disability or incapacity of the principal”;  or*

*(ii) “This power of attorney becomes effective on the disability or incapacity of the principal”;  or*

*(B) words similar to those of Paragraph (A) that clearly indicate that the authority conferred on the agent shall be exercised notwithstanding the principal's subsequent disability or incapacity;  and*

*(4) is acknowledged by the principal or another adult directed by the principal as authorized by Subdivision (2) before an officer authorized under the laws of this state or another state to:*

*(A) take acknowledgments to deeds of conveyance;  and*

*(B) administer oaths.*

*(b) If the law of a jurisdiction other than this state determines the meaning and effect of a writing or other record that grants authority to an agent to act in the place of the principal, regardless of whether the term “power of attorney” is used, and that law provides that the authority conferred on the agent is exercisable notwithstanding the principal's subsequent disability or incapacity, the writing or other record is considered a durable power of attorney under this subtitle.*

[§751.0024](https://codes.findlaw.com/tx/estates-code/est-sect-751-0024.html) provides:

*The meaning and effect of a durable power of attorney is determined by the law of the jurisdiction indicated in the durable power of attorney and, in the absence of an indication of jurisdiction, by:*

*(1) the law of the jurisdiction of the principal's domicile, if the principal's domicile is indicated in the power of attorney;  or*

*(2) the law of the jurisdiction in which the durable power of attorney was executed, if the principal's domicile is not indicated in the power of attorney.*

### New York

[§5-1512](https://codes.findlaw.com/ny/general-obligations-law/gob-sect-5-1512.html) provides:

*“Notwithstanding the provisions of* [*§5-1501B*](https://codes.findlaw.com/ny/general-obligations-law/gob-sect-5-1501b.html) *of this title, a power of attorney executed in another state or jurisdiction in compliance with the law of that state or jurisdiction or the law of this state is valid in this state, regardless of whether the principal is a domiciliary of this state.  A power of attorney that complies with* [*§5-1501B*](https://codes.findlaw.com/ny/general-obligations-law/gob-sect-5-1501b.html) *of this title and is executed in another state or jurisdiction by a domiciliary of this state is valid in this state.  A power of attorney executed in this state by a domiciliary of another state or jurisdiction in compliance with the law of that state or jurisdiction or the law of this state is valid in this state.”*

### Florida

[§709.2102](https://codes.findlaw.com/fl/title-xl-real-and-personal-property/fl-st-sect-709-2102.html) contains this definition:

(2) “Another state” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

[§709.2106](https://codes.findlaw.com/fl/title-xl-real-and-personal-property/fl-st-sect-709-2106.html) states:

*..*

*3) A power of attorney executed in another state which does not comply with the execution requirements of this part is valid in this state if, when the power of attorney was executed, the power of attorney and its execution complied with the law of the state of execution.  A third person who is requested to accept a power of attorney that is valid in this state solely because of this subsection may in good faith request, and rely upon, without further investigation, an opinion of counsel as to any matter of law concerning the power of attorney, including the due execution and validity of the power of attorney.  An opinion of counsel requested under this subsection must be provided at the principal's expense.  A third person may reject a power of attorney that is valid in this state solely because of this subsection if the agent does not provide the requested opinion of counsel, and in such case, a third person has no liability for rejecting the power of attorney.  This subsection does not affect any other rights of a third person who is requested to accept the power of attorney under this part, or any other provisions of applicable law.*

*(4) A military power of attorney is valid if it is executed in accordance with* [*10 U.S.C. s. 1044b*](https://1.next.westlaw.com/Link/Document/FullText?findType=L&originatingContext=document&transitionType=DocumentItem&pubNum=1000546&refType=LQ&originatingDoc=I2d37a390893211e6a5b1ccf41df1b90e&cite=10USCAS1044B) *, as amended..*

[§709.2107](https://codes.findlaw.com/fl/title-xl-real-and-personal-property/fl-st-sect-709-2107.html) states:

*The meaning and effectiveness of a power of attorney is governed by this part if the power of attorney:*

*(1) Is used in this state;  or*

*(2) States that it is to be governed by the laws of this state.*

[§709.2201](https://codes.findlaw.com/fl/title-xl-real-and-personal-property/fl-st-sect-709-2201.html) states:

*Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed and to property that the principal 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.*

### Illinois

§ 2-4.  Applicability.  (a) The principal may specify in the agency the event or time when the agency will begin and terminate, the mode of revocation or amendment and the rights, powers, duties, limitations, immunities and other terms applicable to the agent and to all persons dealing with the agent, and the provisions of the agency will control notwithstanding this Act, except that every health care agency must comply with Section 4-5 of this Act.

(b) From and after the effective date of this Act:  (1) this Act governs every agency, whenever and wherever executed, and all acts of the agent to the extent the provisions of this Act are not inconsistent with the agency;  and (2) this Act applies to all agencies exercised in Illinois and to all other agencies if the principal is a resident of Illinois at the time the agency is signed or at the time of exercise or if the agency indicates that Illinois law is to appl

[§10.6](https://codes.findlaw.com/il/chapter-755-estates/il-st-sect-755-45-2-10-6.html) states:

*(a) A power of attorney executed in another state or country is valid and enforceable in this State if its creation complied when executed with:*

*(1) the law of the state or country in which the power of attorney was executed;*

*(2) the law of this State;*

*(3) the law of the state or country where the principal is domiciled, has a place of abode or business, or is a national;  or*

*(4) the law of the state or country where the agent is domiciled or has a place of business.*

*(b) A power of attorney executed in this State before the effective date of this amendatory Act of the 96th General Assembly is valid and enforceable in this State if its creation complied with the law of this State as it existed at the time of execution.*

### Pennsylvania

[§5611](https://codes.findlaw.com/pa/title-20-pacsa-decedents-estates-and-fiduciaries/pa-csa-sect-20-5611.html) states:

*A power of attorney executed in or under the laws of another state or jurisdiction shall be valid in this Commonwealth if, when the power of attorney was executed, the execution complied with:*

*(1) the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, the law of the jurisdiction in which the power of attorney was executed;  or*

*(2) the requirements for a military power of attorney under* [*10 U.S.C. § 1044(b)*](https://1.next.westlaw.com/Link/Document/FullText?findType=L&originatingContext=document&transitionType=DocumentItem&pubNum=1000546&refType=SP&originatingDoc=I7452c8c0796d11ea8533df4e62b8d070&cite=10USCAS1044) *(relating to legal assistance).*

[§5613](https://codes.findlaw.com/pa/title-20-pacsa-decedents-estates-and-fiduciaries/pa-csa-sect-20-5613.html) states:

*The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney is executed.*

[§5614](https://codes.findlaw.com/pa/title-20-pacsa-decedents-estates-and-fiduciaries/pa-csa-sect-20-5614.html) states:

*1) A court having jurisdiction may decline to exercise jurisdiction if at any time it determines that a court of another county or state is a more appropriate forum.*

*(2) If a court of this Commonwealth declines to exercise jurisdiction, it shall either dismiss the proceeding or stay the proceeding upon condition that a proceeding be promptly commenced in another county or state.  A court may impose any other condition that it deems appropriate.*
