Power of Attorney
A friend's sister has power of attorney over her
monther in New York State. They both live in New
York State. Her mother is moving to Virginia, and
she would like to continue having power of
attorney over her mother's financial affairs, as well
as her health care. In addition, she would like to
share this power of attorney with her sister (also a
daughter of the same mother, and a resident of
Virginia).
Question: If the mother is no longer mentally
competent, how can they achieve power of
attorney over her? It seems that the forms I've
found require the principal (mother) to be mentally
competent and to sign the form. Must the mother
be declared mentally incompetent? What forms
need to be used? To whom should the mental
incompetency/power of attorney form(s) be
submitted (what state or county office?)
1 Answer from Attorneys
Re: Power of Attorney
Your friend's power of attorney over her mother, if valid in New York State, would also be valid when her mom moves to VA. If her mom is indeed currently incompetent, then she does not have the capacity to appoint anyone else power of attorney over her finances or healthcare. The other person who wants to be appointed guardian or conservator of the mother must file a petition in the circuit court where the mom ends up residing in Virginia. The circuit court judge would have the authority to appoint that person as the guardian/conservator of the mom.
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