Legal Question in Elder Law in Virginia

If my mother signs a general power of attorney in her current state of Virginia, is it recognized in my state of Delaware? Can it be faxed? I need to sign some forms for her in Delaware and it would be a shame to make her drive here to sign them.


Asked on 9/15/14, 6:01 am

1 Answer from Attorneys

Robert Beard Attorney at Law

If it complies with both Virginia and Delaware law it should be recognized. As both states have adopted Unifirm a Power of Attorney Act, this should be simple enough. The instrument can be prepared to state that a facsimile copy may be relied on, but you would need to check with whoever is receiving the forms in Delaware to see if that is okay with him/her/them. Finally, if a copy is to be use, I suggest that a special power of attorney limited to the forms she needs to have signed be used and not a general power of attorney. As always, I recommend that you and your mother contact an attorney to assist in proper analysis of your particular situation, and in preparing the instrument properly. Good luck.

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Answered on 9/15/14, 6:13 am


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