Legal Question in Wills and Trusts in Georgia
powers of attorney
if my father is ill and needs me to take care of his finances and responsibilities, do i need a durable power of attorney for each state he has property in?
ex. lives in VA most of year but has a vacation home in ga.
3 Answers from Attorneys
Re: powers of attorney
There is no one size fits all durable power of attorney. Moreover, some states require formalities that go beyond execution, witnesses, notary in the event you need the power is for certain types of transactions. I would be happy to work with you in the event you require documents for Georgia transactions.
Re: powers of attorney
While it may or may not prove absolutely necessary, it would be a very good idea due to differences in state laws.
Re: powers of attorney
The critical issue is to be sure that the POA is drafted to allow you to do what you need to do in both states -- a boilerplate document won't cut it. Further, you need to be sure that it is signed and witnessed in a way so that it will be recognized in both states. For example, in Massachusetts, a DPOA does not need a witness other than a notary; however, in Florida, the document needs to have witnesses plus the notary.
Contact an elder law attorney where your father lives for further guidance.
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