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 Esq
Moshe Toron Esq
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
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.