Can a person who has attempted suicide several times and is currently seeing a psychiatrist legally have POA for someone?

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Can a person who has attempted suicide several times and is currently seeing a psychiatrist legally have POA for someone?

Also, can an out-of-state person have POA for someone in-state?

Asked on May 3, 2013 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Assuming that the attorney in fact (the person with the POA) has not been adjudged mentally incompetent, then yes--he or she can be the recipient of another's power of attorney.

An out-of-state person can be the attorney in fact  (recipient of the POA) for an in-state person.


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