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The Power Of Attorney: WHERE Is It To Be Used And WHAT Is It To Be Used For?

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The purpose of this post is to draw awareness to the common problem of the validity and effectiveness of a power of attorney (“POA”) to deal with a property in a cross-jurisdictional context. For example, is a power of attorney validly created in Canada sufficient to allow one to make decisions pertaining to the registration of land in Florida? The “POA” could be perfectly valid under Canadian law but NOT be sufficient for its intended use in Florida.

The validity of a “POA” where it is created is different from whether it is sufficient to be used in its effective jurisdiction.

Note also that this is a different issue from “Authenticating A Document Created In Canada”.

Q. What if a property is located in another jurisdiction and a POA is needed to deal with that specific property? Will a POA created in Canada or Europe be valid in the United States?

A. Not necessarily!

As one person commented:

I had POA for a family member, took the document to that family member’s bank in the US and they sent us back to get it notarized at the US consulate in Canada.

It makes good sense to create:

1. Separate powers of attorney for different purposes: and

2. A power of attorney in the jurisdiction where the power of attorney is to be used!

“An ounce of prevention is worth a pound of cure!”

Yesterday I participated in an IRS Medic podcast to discuss “Powers Of Attorney” and Americans Abroad.

Generally, a Power Of Attorney is created when an individual grants to an “attorney” the power to act on behalf of the grantor with respect to a particular property or issue. For example, a grantor could grant to an attorney the power to sell or manage a specific property. But, what if that property is outside the the residence or domicile of the grantor? What are the requirements that make a POA valid? Is a POA that is valid under the laws of Ontario, Canada valid in a U.S. state? The short answer is NOT NECESSARILY. Would it make sense to have multiple POAs, each of which is limited to a specific decision/property, etc? The answer is probably YES.

The reality of an individually living in jurisdiction A having to deal with property in jurisdiction B is becoming more and more common.

After participating in the IRS Medic podcast I saw the a blog post written by the Toronto law firm of O’Sullivan law titled: “Powers of Attorney: Jurisdictional Challenges“. The post does an excellent job of defining why this issue is important:

In order for a POA to be valid, it must comply with the formal POA requirements of the applicable jurisdiction. These requirements are generally concerned with who may make a POA, who may be appointed as an attorney, who may or must witness the execution of the POA and when the POA will be in force. Although the formalities may appear similar across jurisdictions, each jurisdiction generally has its own unique requirements, with the result that extra-provincial/extra-territorial or foreign country POAs may not be recognized locally.

In summarizing the problem, the article includes:

Problems caused by the lack of uniformity in POA law among various jurisdictions are becoming well known to the legal community. The uniform law commissions of Canada and the United States have enacted uniform model POA legislation which, if implemented in these jurisdictions, would solve many of the various problems that exist with divergent laws. Some progress in this field has been made, however, a complete overhaul of the POA laws is far from complete. It is therefore imperative that individuals who have ties to other jurisdictions speak to their lawyers about having valid local POAs as part of their personal, estate and incapacity planning so that inconveniences such as those recently encountered by the Ontario couple can be avoided.

Bottom Line:

To be forewarned is to be forearmed. It makes good sense to have a POA created in accordance with the laws of the jurisdiction where the POA is to be used. For example: If you are a U.S. citizen living in Canada and a POA of needed to manage a property located in the United States, the UK or any other country, consider the creation of a separate POA for that particular jurisdiction!

John Richardson – Follow me X.com/ExpatriationLaw

Canadian Snowbirds Now Subject To Form Crime For Failure To Register Their Stay In USA

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Attention: Those Who Have Renounced U.S. Citizenship

The decision of the Trump administration to enforce “Immigration And Nationality Act – §1302” from 1955 (See Appendix A) means that you will likely be required to register and be fingerprinted if you spend more than 30 days in the United States.

Attention: Canadian Snowbirds And Non-U.S. Citizens Spending More Than 30 Days In The USA

There is a good chance (See Appendix C below) that you are members of the group that will have to be registered with the U.S. Government and subject to fingerprinting!

To be “FORMWarned” is to be “FORMArmed!”

For further explanation or if you are a Canadian Snowbird, read on …

______________________________________________________________________

Introduction – The Context

So, How Is The United States Treating Its Friends Compared To Its Enemies?

A recent media article includes:

An estimated one million Canadian “snowbirds” – seniors and retirees who winter in southern states such as Florida and Arizona – inject billions in tourism spending during their months-long stays in the United States. But under an executive order from President Donald Trump, these visitors will soon have to register to travel south of the border, as part of an effort to curb illegal immigration.

Mr. Trump’s order, called Protecting the American People Against Invasion, is believed to be the first time in history that the United States has included Canadians in a crackdown on undocumented migrants. Immigration lawyers in the U.S. said the order targets the wrong people and will further hurt the disintegrating Canada-U.S. relationship.

https://www.theglobeandmail.com/canada/article-canadian-snowbirds-caught-up-in-new-registration-requirements/?intcmp=gift_subscribed

As Of February 25, 2025 The U.S. Government Has Clarified That:

Who must apply for registration

All aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. They must apply before the expiration of those 30 days.
The parents and legal guardians of aliens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, prior to the expiration of those 30 days.
Any alien, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.

Who is not registered?

Anyone who has not been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) and has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Aliens who have not registered include:

Aliens who are present in the United States without inspection and admission or inspection and parole;
Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and,
Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals or Temporary Protected Status, who were not issued evidence of registration.

https://www.uscis.gov/alienregistration

Yes, Canadian Snowbirds are ABSOLUTELY required to register and be fingerprinted!!

What’s Going On? An Explanation From President Nixon’s Old Law Firm:

On January 20, 2025, President Trump issued an executive order, Protecting the American People Against Invasion, that directed the Department of Homeland Security (DHS) to ensure foreign nationals in the U.S. comply with the obligation to register, pursuant to Section 262 of the Immigration and Nationality Act (INA), and that failure to register be treated as a civil and criminal enforcement priority. In response, on February 25, 2025, DHS laid out more specifics about the proposed alien registration requirement, including additional guidance about who is required to register and the process to register.

What is the registration requirement?

Section 262 of the INA, originally enacted in 1952, mandates the registration and fingerprinting of certain foreign nationals in the U.S. In addition, the INA mandates that foreign nationals eighteen (18) years of age and over carry evidence of registration. With the exception of the National Security Entry-Exit Registration System (NSEERS), enacted by the Bush administration in the wake of 9/11 and requiring the registration of men over the age of sixteen (16) on nonimmigrant visas from 24 countries declared “havens for terrorists,” the U.S. has not previously enforced the INA’s registration requirement or provided a process for foreign nationals to register. The Trump administration has proposed to change that by providing a tool to register online and announcing the intention to enforce penalties for failure to register.

https://www.nixonpeabody.com/insights/articles/2025/03/03/dhs-announces-alien-registration-requirement

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