Chillicothe, OH asked in Estate Planning and Health Care Law for Ohio

Q: Will durable powers of attorney for Missouri be honored in Ohio?

3 Lawyer Answers
Mark Martin Turner
Mark Martin Turner
Answered
  • Estate Planning Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: As a general rule yes. I do not practice law in Missouri but unless the POA in that state materially differs from those in Ohio they will and should be accepted by Ohio under the full faith and credit clause of the constitution. I am assuming that the POA does not limit itself to only Missouri and there is nothing in the body of the POA that would otherwise restrict its authority to Ohio.

Tim Akpinar agrees with this answer

Moshe Toron
Moshe Toron
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: As a general rule, yes.

Tim Akpinar agrees with this answer

Andrew Popp
Andrew Popp
Answered
  • Estate Planning Lawyer
  • Cuyahoga Falls, OH
  • Licensed in Ohio

A: If possible, I would not rely on a Missouri power of attorney. Whether or not the documents in Missouri meet all the legal requirements of an Ohio power of attorney, there is no legal requirement for any entity to honor a POA. Even ones drafted in the same state. If you're stuck, try it. You can even contact the entity where you are seeking to use the POA and let them review the document. If you have the time and ability, I recommend obtaining new powers of attorney in Ohio to maximize the likelihood of acceptance by an Ohio business/medical provider etc.

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