Question of the Day on ElderCareMatters.com: "I have Power of Attorney and a Health Care Proxy for my mother. It was done while she lived in NY. She now lives in Georgia by me, so do I have to have a new POA and Health Care Proxy prepared by a Georgia attorney?"

Answer:  Generally, a POA or Health Care Proxy does not necessarily need to be redone simply because your mother moved to another state.  However, I recommend that you have them reviewed by an elder law attorney who practices in Georgia to make sure that they comply with Georgia law and to make sure that they have all of the necessary powers needed to make decisions for your mother.  For instance, if Georgia law requires that the health care proxy be notarized and New York does not, then you may need a new one prepared or it won’t be accepted.  Or if your mother’s POA does not have certain powers which may be necessary for asset protection planning, then you may want to have a new one prepared. If the attorney in Georgia does recommend that your mother sign new documents, he or she should also tell you the specific reasons why that recommendation was made. 

To locate competent elder law attorneys who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com – A FREE online source to find elder care experts plus information & answers about a wide range of elder care matters.

Angela N. Manz, Attorney at Law
The Law Firm of Angela N. Manz
Virginia Beach, VA  23452
757-271-6275
Member of the ElderCare Matters Alliance, Virginia chapter

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