Address Change on POA: Do I Need New Documents?

Do Address Changes Require New Power of Attorney Documents?

Unless you moved to a different state, you don’t need entirely new documents if only the local addresses have changed, but updating the information is highly recommended to avoid potential headaches.

The Key: Validity vs. Practicality

The legal validity of your durable power of attorney (POA) for financial matters and your health care POA (sometimes called an advance health care directive) is generally not affected by a simple change of address for you (the principal) or your appointed agent.

• Validity: The core purpose and authority granted in the documents remain legally sound. The addresses are typically included for identification and contact purposes, not as a condition of the document’s effectiveness.
• Practicality: While legally valid, a document with outdated addresses can cause problems. Banks, hospitals, and other institutions may be reluctant to accept it because they worry about the document’s authenticity or simply want up-to-date contact information. This could lead to critical delays when you or your agent need to act quickly.

Special Situation: Moving to a New State

This is the most important exception and often does require new documents.

• If you (the person who created the POA / health care POA) have moved to a new state, it’s highly advisable to have a local attorney review and likely draft new documents.
• Every state has slightly different laws regarding the required forms, language, and execution (signing and notarizing) for POAs and health care POAs.
• Although one state’s document should be accepted in another, a document drafted under the rules of your new home state will be more readily accepted by local banks, medical providers, and courts. This minimizes delays and challenges during an emergency.

Recommended Steps for Address Changes

If you and your agent have only moved within the same state, here is the best way to handle the address change without executing an entirely new document:

1. Create an “addendum” or “affidavit”: Type up a separate, simple document clearly titled something like “Updated Contact Information for Power of Attorney/Health Care Agent.”
2. Include full details: List your current and former addresses, and the current and former addresses of your agent(s). Include their current phone numbers and email addresses.
3. Date and Sign: Date and sign this update.
4. Notarize (optional but recommended): Have your signature notarized to add an extra layer of official reliability.
5. Attach to originals: Keep this signed and dated document attached to your original POA and health care POA documents, as well as all copies.

While legally your existing POAs are likely still good, the best practice is to update the information in writing and consult an attorney if you or your agent have moved to a different state to ensure your documents are easily accepted when they’re needed most.