Durable medical power of attorney lives out of state?

Asked almost 2 years ago - Phoenix, AZ

My mother is preparing for a major surgery. She's given us all copies & talked with us about her estate planning that was completed by her lawyer so we are all on the same page.

She has specified her brother as her durable power medical power of attorney & if he is not able to then the secondary is her sister. My Uncle lives in Seattle & my aunt lives in OH. Are there any special considerations or problems we may run into because they both reside outside of our state (AZ)?

Attorney answers (4)

  1. Bradley David Liggett

    Contributor Level 4

    4

    Lawyers agree

    Answered . Certainly, there could be some logistical problems if the need arises to have the agent begin making medical decisions for your mother. But most of the issues could be resolved with good communication between the medical staff, your uncle and your family. Plus, thanks to modern technology, it is possible for your uncle to communicate and give consent remotely. Of course, a local agent is normally preferable, but one must assume that your mother was advised of the potential logistical problems and made the best choice for her.

  2. Charles R Smith

    Contributor Level 16

    2

    Lawyers agree

    Answered . I agree with Mr. Fromm and all of the above. You should not have a problem as long as there is good communication. A typical healthcare power will provide that the authority to make decisions rests with the first named person if they are available and willing, but otherwise passes authority to the next named person, and so on. Are you named third? Most medical service providers will rely on a copy of a healthcare power, and take instruction over the telephone. So, as long as you are there and facilitate communication, there should be no issue as long as one of the named persons is readily available by phone. I assume your mother has a living will, and has NOT signed a DNR - Do Not Resuscitate. Best wishes for a successful surgery and recovery for your mother.

  3. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . First-I am a Florida attorney. As you can imagine-a lot of my clients in Florida have relatives in many other states. As the first answer indicated-in today's electronic world-the distance should not be a problem.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  4. Steven J. Fromm

    Contributor Level 20

    2

    Lawyers agree

    Answered . Not much to add to both of the prior posts. Bottom line: This should not present any problems.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more

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