I have POA for DH that was made in 2002. I'm starting to deal with an elder law attny. He's telling me that it is old and a new one needs to be made. I'm always worried that people are trying to rip me off. I always thought the POA was good forever unless you wanted to change it. Anybody out there who has an answer for me?
Depends on what state. It's possible that there are changes in state law since 2002. Can you go to your state government website and look up what's needed? or look at the elderlawanswers.com site. My state did not have a poa for health care in 2002, does now.
Carolyn, it may depend on whether what you have is a Durable POA, rather than just a POA. There are differences and different states have changed their laws. If at all possible for your DH to execute a new one - I would do it. In fact, we have just had new DPOAs, Wills, etc. re-done because they were several years old. Better to do it while DH can sign.
DPOA is what you want if you can get it. in my case, and some others here who may have issues with 'family members' who could want to challenge a NEW POA -be careful if you do another one- if this is your case. you may run into hot water if they are not deemed reasonably sound enough to sign a new one! i have one from 2000 and it will have to do. i think on your DPOA it will say somewhere, in effect immediately UNLESS revoked by the signee ... meaning it should be good until that happens. divvi
Carolyn, ask him WHY you need a new one. If it is just that the one you have is 6 years old, I'd need better reasons than that.
I did need new documents but we had moved from California to Pennsylvania. And the Pennsylvania had just made new Medical POA laws so you could make certain situations very clear in the new ones. It made sense to make new documents while my husband could still legally sign things. At this point he no longer can do that, but 18 months ago things were different.
I have only run into one place that wanted a "newer" one that what I had and they only wanted a notorized copy because it had been signed over 2 years ago.
Divvi gave you some great thinking advice. I did run into some problems with his children but as his DPOA had not really changed from the previous on on a lot of the key points like who got to do the deciding, it wasn't a problem.