I live in the State of Virginia and my dad wants me to be his Power of Attorney. He lives in New Jesrsey and Right now he is hospitalized and they are going by his living will which list me as his medical poa. My questions are should the I have the POA done in New Jersey or Virginia or both? Also can a New Jersey POA be notorized in Virginia?
It doesn’t really matter what state a power of attorney is done in, so long as it is comprehensive in its scope and specifically lists ALL powers, including the often essential asset protection powers such as gifting and the ability to establish an irrevocable asset protection trust NOT for his direct benefit. Attorneys should never use so-called “statutory shirt forms” as the only power of attorney, as they become essentially useless when someone tries to use them in a state other than the state which created the statutory form. If your father has not signed a comprehensive, all-encompassing power of attorney prepared by an experienced Elder Law Attorney, then he should sign a new one, whether that is in New Jersey or in Virginia.
Evan Farr is Certified as an Elder Law Attorney by NELF (National Elder Law Foundation), which is approved by the American Bar Association, and is a member of the Council of Advanced Practitioners of NAELA (National Academy of Elder Law Attorneys). Evan is licensed to practice law and has offices in Virginia, DC and Maryland. NOTICE - Unless expressly stated otherwise, this communication: (1) is not legal advice absent an existing attorney-client relationship between us; (2) does not create an attorney-client relationship; (3) does not constitute an offer, acceptance, or contract amendment; (4) may contain confidential or legally privileged information protected by the attorney-client relationship and/or work product privilege; (5) is only for the use of the individual to whom it is intended by the sender to be sent, and if you are not such recipient, disclosure, copying, distribution or reliance upon this communication is prohibited; and (6) is not intended, and cannot be used, to avoid tax-related penalties pursuant to treasury department circular 230.
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