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My mother has dementia. She Lives in MS. with family who no longer can care for her. We are going to move her to CT . Help !

Manchester, CT |

She will be moving to CT to live with family until she has to go into a home of some sort. She has her assets (home, car, bank account, etc) in MS. We will be selling her assets. I am sure before anything is sold, we will have her in CT. We might even have her in CT. in the next 30-60 days. Will we need lawyers in both states? Should we get a P.O.A. or guardianship first in MS? Will we have to do this all over again when we get her to CT. She is in the late-middle stage of dementia and is on board with these plans.....At this time. Thank you in advance !

Attorney Answers 3

Posted

An individual can't give power of attorney unless she has capacity and if she has capacity she doesn't need a guardian. While you'll need medical/psychological determinations to tell for sure, I'd guess a woman in late-middle state of dementia lacks capacity to give POA. In that case, you'll need guardianship in CT and wouldn't need guardianship in MS if she voluntarily will go to CT and she goes soon. If you have to transact business in MS, you will need guardianship in MS. Of course, you don't need guardianship in either state if she has capacity to give POA, in which case she should give both MS and CT POA now before capacity gets worse. However, what you really, really, really, really [and did I mention REALLY?] need is a consult with a CT elder law attorney ASAP. There are several leading elder law attorneys in CT.

Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

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Posted

In my opinion, you should get the power of attorney in MS. The power of attorney will be given full faith and credit in all other states. A guardianship, however, usually requires that the guardian reside in the same state. So, if you want guardianship, it should be applied for in the state that will be her permanent residence.

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Connecticut law will recognize POA and health care proxies from out of state if they were valid when and where they were drafted, and is able to exercise subsequent jurisdiction over a conservatorship ordered in another state. That being said, Connecticut makes an easy and affordable process of it, so if you're not relocating your mother against her will, there's no reason not to wait and keep things as simple as possible. Additionally, if you work with an elder law attorney here, you will have an ongoing resource when the time comes to select a nursing home or apply for Medicaid long-term care benefits.

Attorney Rosenberg is admitted to practice in Connecticut and Massachusetts, and currently practices in South-Central Connecticut with an emphasis on estate planning, elder law, probate, and tax matters. He may be contacted confidentially by email at Scott@ScottRosenbergLaw.com or by phone at (203) 871-3830. All correspondence through this website appears publicly, is not confidential, and does not create an attorney-client relationship between you and Atty. Rosenberg. Discretion should always be employed when posting personal information online. ~~~~~~~~~~~~~ All online content provided by Atty. Rosenberg on this and other websites is provided for general informational purposes only, and does not constitute legal advice. All content is general in nature. Attorneys are unable to ask the questions necessary to fully understand the legal issues faced by any particular poster. Postings and responses to questions only provide general insights on the topic discussed. They are not tailored to any reader’s specific situation, will not be accurate in all states, and are never updated or maintained to reflect changes in the law. No person should take action based on the information provided by anyone on Avvo.com or any other law-themed website without first consulting a local attorney with significant experience in your area of concern. Persuant to Circular 230, no online content may be used by any person to avoid taxes or penalties under the Internal Revenue Code.

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