Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Saturday, October 24, 2020

Can You Vote With A Power of Attorney?

Typically, you cannot use a power of attorney to vote on behalf of someone else. However, the election laws regarding these types of rules are controlled by each state. 

The point of a power of attorney is to act in place of the principal. We normally see this being done in banking, gifting, and healthcare decisions. Voting is an act that is uniquely personal, and a power of attorney is typically not permitted to perform acts that are so personal to the principal. Any exception would have to be made by statute. 

There are certain states like Florida and Arizona that expressly prohibit a power of attorney from voting on behalf of their principal. 

"Bottom line, voting is an individual and uniquely personal right that cannot be performed by a power of attorney."

See Can You Vote With A Power of Attorney?, Probate Stars, October 2020. 



Estate Planning - Generally | Permalink


Post a comment