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My mother lives in AZ, I live in CA, she has severe memory loss.

My mother lives in AZ, I live in CA, she has severe memory loss and we need to put her in a care facility. I need to get POA, how do I get this and do I need to get one for each state?
Status: Open    Nov 04, 2016 - 01:22 PM

Dementia, Elder Law

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Nov 14, 2016 - 09:25 AM

All states have slightly varying requirements for powers of attorney executed in their state; however, most will also recognize a validly executed POA from another state as long as it satisfied that other state's requirements. Many states require the POA to be witnessed by two disinterested witnesses and notarized; therefore, it is a good idea to have your power of attorney executed in this way even if your state requires less.

For your mother, I would recommend a few steps. First, determine in which state you are planning to place her into an elder care facility. If she will stay in AZ, then I would recommend contacting an AZ estate planning attorney to draft the POA. If you are planning to move her to CA, then you should use a CA estate planning attorney.

Another issue you will face is whether your mother still has capacity to sign a POA. If she has "severe memory loss" as you say, her ability to knowingly execute a POA may be compromised. You should contact an estate planning attorney who should make a determination with you and your mother. If it is determined that she may lack capacity to execute a POA, then you may have to file for a guardianship petition over your mother, which the estate planning attorney can also help you with.
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