Legal Question in Health Care Law in North Carolina
Scope of power of attorney
My significant other is going to be incarcerated in the federal BOP and is planning to give me full power of attorney including health care and access to his medical records. He does not have any idea where he is going to be placed. Will a power of attorney given to me in NC apply if he is incarcerated in another state?
1 Answer from Attorneys
Re: Scope of power of attorney
It should be a durable power of attorney, and it should state that it is meant to be construed under the statutes of North Carolina and designed to be valid in all fifty states. Generally speaking, the law of the state where the instrument was drafted and signed will apply to its construction. Unless the POA grants you a power that cannot be granted in the state where the POA is ultimately used, you should be okay.
Sorry for his misfortune, and I wish you and him the best of luck. I hope you'll have this behind you quickly.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
