HI everyone, Legal issues vary from state to state, but I am sure that many of you have value information to contribute to this message board. I think if we included the state in which we call residence would be of value to others. Thanks for input! Lullie
Lillie, sign in the post 'where are you from?? and age group of caregivers they are on other posts!! we all put in those posts our ages and where we are from..divvi
you kids are great. I feel like I have a new set of friends that truly understand me and my moods. To bad we don't have a convention where we could all meet. After only discovering this today I feel like I am a family member..lol... Maybe a convention isn't a bad idea????? hummm
The person who started the thread I think wanted to point out that legal issues may be different in each state. She was wondering where every one is from probably in an effort to talk about the differences. Also, the person that started it has not been here since 2013.
I know when you move to another state, your POA needs to be updated or at least make sure it is valid in your new state. When we were in Nevada, my Washington was fine. I know someone that moved from Oregon to Washington and has to have it changed. Part of the reason could be Washington is a community property state and Oregon is not.
Qualifying for Medicaid is different in each state or seems to be.
When we moved from NY to Ohio, the durable power of attorney had been executed in NY and was on file at our NY county office building. In Ohio, the bank and the doctor's office wanted copies of it right away, and when I purchased this Ohio house six months later, the title attorney's office was the entity that made sure the DPOA was on file with our Ohio county. So it was the same DPOA...did not have to be re-done...but had to be filed properly with the local county in terms of completing a real estate transaction that Larry was certainly not competent to sign off on.
Good point. You should file the POA with your local govt.'s land office in case you want to sell or refinance your house. I learned this when I got a line of credit on the house and didn't want to have my wife to have to sign any papers. It was a simple step.
There is a very good article in the New York Times today, about how some banks are refusing to accept standard durable powers of attorney and are instead insisting on having a DPOA drawn up by the bank itself. I am not surprised to see this happening and I think it could be a major headache for those in our positions.
I'm having trouble posting links but you will find it easily if you go to the New York Times website (nytimes.com) and then go to the "Health section. The article is, "Finding Out Your Power of Attorney is Powerless, by Paula Span.
It isn't usual for financial institutions to refuse to accept standard DPOAs. Fortunately I have not had this problem. One retirement institution initially said it wanted the DPOA signed by a judge, but after reading the one written by my lawyer they said "never mind, what I had sent them was OK."
In some ways I can see banks wanting their own. How many spouses on this site has had relatives take their loved one out for a day and got them to sign a new DPOA? There are a few. I would guess if there are a lot of different financial situations involved, then making sure early on whether that institution needs one can't hurt. The article talks of the problems being with parents, not a spouse but sure it happens.
I would hope when it is a spouse, there are not as many problems especially in a community property state. It was weird when we went to pay the motorhome off with Wells Fargo, hb had to sign even though I had DPOA. We were told it was because the loan originate in Oregon which is not a community property state even though we had become Washington residents which is. It was infuriating the hoops we had to go through the pay it off - in all honesty maybe it also had to do with us making them an offer to pay it off instead of the full amount we owed. The bank manager knew he had dementia but was fine as long as he could sign his name, didn't matter if he knew what it was. Weird!