My parents have vascular dementia and age associated cognitive decline, as well as becoming more frail. They agree to me taking power of attorney, but do I have to travel to NYC if they can come here to WA to do this? Or does it have to happen in a court over there? And, what do we do?
If your parents are in New York and their assets are there, New York law will probably apply. New York's laws regarding powers of attorney are very specific. Fortunately, New York has an official form of power of attorney that is generally accepted by those who you’ll have to deal with to conduct business in New York. Here’s a link: https://www1.nyc.gov/assets/hra/downloads/pdf/services/homelessness-prevention/poa.pdf. If you don’t use the New York form, you may have more difficulty having the power of attorney accepted there. If your parents also have assets in Washington, then the New York form could be modified to also comply with Washington law. In that case, as Mr. Alexander says, it would be best to work with attorneys in both states to ensure the power of attorney will be accepted and enforceable in whichever state you need to use it. You should not need to travel to New York; you can sign it before a notary public in Washington. Likewise, your parents should not need to travel to Washington; they can sign before a notary public there. If their assets are all in New York, it may be best to consult with a New York attorney.
This answer does not constitute legal advice or the establishment of an attorney-client relationship.
They would have to sign the document in front of a notary and be competent. But that can happen where it is convenient. Have an attorney licensed in both states draft the POA.
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