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Is the original Florida POA still good in Virginia?

POA from Florida, my godmom lives in Virginia with me now. She has been diagnosed with vascular dementia and had to move with me in virginia. She has no children and made myself and her other god daughter POA"s. Is the POA good in virginia for when and if I have to put her in an ALF?
If it is not good, is it too late to get a new POA in virginia since she has been diagnosed.
Status: Open    Jan 09, 2017 - 07:47 AM

Elder Law

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Jan 19, 2017 - 08:36 AM

Powers of Attorney are governed by state law. Obviously Florida is a different state than Virgnia and therefore has different laws. Without seeing the particular Power of Attorney it is unclear whether a.) it will allow you to perform the activities needed to manage your godmother's care and finances or b.) if it will even be honored in Virginia. You're in luck that if the power of attorney was validly executed in Florida that it should still be recognized in Virginia pursuant to Va. Code 64.2-1604, but that doesn't necessarily mean that it will recognized. There are many situations where banks, businesses, and clerks of court are reluctant to recognize certain powers of attorney. I highly recommend that you contact an estate planning and elder law attorney near you to review the document and discuss your godmother's care needs so that you can determine if further action needs to be taken before you are dealing with a crisis.
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