We want to move my mom from one assisted living home to a different one in another state. At the same time we are trying to get a Power Of Attorney. What are the processes and liabilities?

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POA can be assertained thru an eldercare lawyer-or even perhaps thru the assisted living facility. You can also check your area association on aging for additional input on this matter. Keep in mind the there are 2 types of POA-one for finances, and the other for health issues. An advance directive would be great to have if your Mom is able to comprehend this-as any dicision making will simply be done by her, and not you..
Good Luck!
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Your mother must GRANT PoA to you, that means she must approve giving you this control and authority and sign off in the presense of unbiased witnesses. There are various types of PoA, some can be very limited in control and duration (with an expiration date). For example, if I am moving and ask a relative to monitor movers as they pack up my house and load the truck, I can give that person PoA to conduct that business on my behalf.

A complete and durable PoA is the ultimate in trust and authority and should be done ONLY with a lot of thought and consideration from the elder and the PoA. If your elder is not able to grant a PoA - meaning they are incapacitated or have dementia - then you'll have to go to court and be appointed guardian or personal representative.

There ARE liabilities that go along with this sort of power over another's finances and well being. If you use any of an elders funds, sell or give away belongings, or "gift' yourself money or belongings, you can be prosecuted for elder abuse. Being a PoA means that you agree to honestly conduct business or make decisions for the BEST of the individual. If you have questions about details or wish to understand what you may/may not do - contact an attorney in the state where your mother lives AND an attorney in the state where you hope to move her. Each state may have different laws that apply to PoA and the fines/penalties if it's misused. If you become your mothers PoA you should also ask her to complete medical directives or living wills that state what should be done under certain medial conditions. Ask her current assisted living facility if they have samples of these documents.
Good luck
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