What to do if my grandmother wants to give me POA over financial and health matters?

She lives in one state and I live in another? So do I need 2 different Power of Attorneys? Can we sign it at separate times if we get it notarized twice?

Asked on January 18, 2013 under Estate Planning, Washington

Answers:

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 7 years ago | Contributor

Hello.  In Minnesota, generally speaking, the Power of Attorney ('POA') is prepared and signed by the person who wants another person to assist her/him with financial or other property matters. The 'principal' is the person who creates the POA and the person assisting the principal is known as the 'attorney-in-fact'.  Certainly you would want to confer with a Minnesota attorney of your choosing regarding Minnesota legal matters. I recommend that you make several phone calls in choosing an attorney to assist you, because it is very important that you feel a sense of great trust and safety in the private attorney-client relationship.  Oftentimes the legal issues related to the use of a POA are complex in nature and change through and over time.  All the best to you and your family.

Catherine Blackburn / Blackburn Law Firm

Answered 7 years ago | Contributor

Generally, a power of attorney is prepared and signed by the principal The agent (you) does not need to sign.  I do not know your state's specific law, or the law of your grandmother's state, but these documents are usually effective even if the POA lives in a different state.  In Florida, it makes no difference if the agent is in Florida or not.  Your grandmother should seek the assistance of a lawyer to prepare the POA.  That lawyer can advise if there are any restrictions on appointing you as the agent.

Please have your grandmother consult a lawyer.  There are many circumstances to consider and you do not want to make a mistake by trying to prepare this document from a form.


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