Legal Question in Business Law in Wyoming

Durable General Power or Attorney

I reside in the State of Nevada, Clark County. My daughter from Wyoming is looking for me to serve as her Power of Attorney giving me the rights to establish an in-home internet business under her name. The question is two-fold:

Do we have to seek a legal power of attorney form from the State of Wyoming? Would this authority be legal in any State of establishment? I know that she would have to sign her name due to residing in the State of Wyoming. And I would have to have it sign here in Las Vegas in front of a notary as well. What law from either State would have jurdiction over the other where it would pertain to the General Obligation Law for each State. We are looking to add subdivisions to this legal document which would include the authority for me to perform and and all banking transactions, business operating transactions, claims and litigations. I would truly appreciate your input. Thank You and Wishing you a Happy New Year. D. Foster


Asked on 1/03/06, 7:06 pm

1 Answer from Attorneys

Francisco Romero F.L. Romero Esq., P.C.

Re: Durable General Power or Attorney

Your question is a little hard to understand. Your daughter, a Wyoming resident and domicillary, would need to execute a POA in Wyoming to deal with her financial affairs and assets located in Wyoming. She signs it, not the attorney-in-fact/agent she is appointing. With respect to forming/starting a business, it may be better to simply form a separate legal entity, such as an LLC or corporation and appoint/elect you to be the manager/chief operating officer for the company with the authority to handle the day to day financial affairs of the company. Your daughter could be the sole member/shareholder. You would also have other advantages such as limited liability and perhaps some tax benefits to forming a separate legal entity. That entity could be formed in Wyoming and then registered to do business in Nevada or visa versa. If the POA is meant to simply give you the power to deal with business affairs for a start up company, going the route of forming a separate legal entity is probably best. I recommend consulting with a reputable CPA to get some tax advice as well - there may be tax benefits to forming an entity in Nevada as opposed to another state.

Read more
Answered on 1/04/06, 11:26 am


Related Questions & Answers

More Business Law questions and answers in Wyoming