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How do we switch a POA from one state to another?

I thought I was thinking ahead and got a POA and Medical proxy for my mother during the early signs of dementia. I did not think that she would be moving from MA. We now live in FL and she is no longer of 'sound mind'. How can I get these documents switched from one state to another or barring that, get new documents for her and my protection?
Status: Open    Sep 27, 2015 - 12:05 PM

Elder Law

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Sep 30, 2015 - 12:35 PM

If Mom is unable to sign new documents, you can’t get them. However, the documents SHOULD be honored in another state. If they are not, you may have to apply to become Mom’s guardian.

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Sep 28, 2015 - 06:02 AM

I just finished doing this for my mother who came from Tennessee to Maryland. You have to have a lawyer complete all new forms for your state. We were lucky her Tennessee lawyer was able to do that for the state of Maryland. But of course every minute counts when it comes to attorneys! Be sure to correct her will as well to correct her address ! I have that helps you.

Source: I am NOT a lawyer. I just have a wonderful husband who has allowed my mother to move in with us.


Sep 28, 2015 - 06:30 AM

I found this for you, but want to remind everyone there is a difference in POA's. If you have a durable POA and it fits this criteria you should be okay. If it is just a POA, then it becomes void when your mother becomes incompetent. In that case, you will probably have to ask for guardianship. Hope this helps.

What happens if the Power of Attorney was created under the laws of another state?
If the Power of Attorney was properly executed under the other state’s laws, then it may be used in Florida, but its use will be subject to Florida’s Power of Attorney Act and other state laws. The agent may act only as authorized by Florida law and the terms of the Power of Attorney. There are additional requirements for real estate transactions in Florida, and if the Power of Attorney does not comply with those requirements its use may be limited to banking and other non-real estate transactions. The third person may also request an opinion of counsel that the Power of Attorney was properly executed in accordance with the laws of the other state.
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