Durable power of attorney valid in both FL and AZ
I wish to execute a durable power of attorney which my wife in FL can be agent, and failing that, my daughter in AZ can take the position. I have already signed a healthcare surrogate form. I need to know what kind of power of attorney form I can use that in the event of my being incapacitated, would be legal in BOTH Arizona and Florida so that there would be no problem with my daughter taking over something that my wife may not wish to, or perhaps is unable to, handle. I cannot find a form that I can understand as being usable by a resident of other than the state in which it is executed. What am I looking for and where can I find it? Thank you.
1 Answer from Attorneys
Re: Durable power of attorney valid in both FL and AZ
Laws do vary from state to state, so I cannot definitively speak for Arizona. Florida law does provide for a power of attorney which is valid only upon your incapacity. Whether it would be valid in Arizona, I do not know, although it should be. If you live in Florida, what would your daughter have to deal with in Arizona? I would assume that all your affairs are handled through Florida. If you want your wife OR your daughter to act, the power of attorney should say something like "either one acting alone, independent of the other". If you want your daughter to be able to act only if your wife is unable or unwilling, the power of attorney could so state, but that would place your daughter in the position of proving that your wife is unable or unwilling - might be impossible. You could also do separate powers of attorney, one for each.
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