Does DPOA and trust paperwork need to be adjusted for the state Mom currently lives in?

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J

JJGood19 Asked November 2016

Does DPOA and trust paperwork need to be adjusted for the state Mom currently lives in?

Parents used to live in New Mexico, and put together Advanced Health Care Directive, DPOA, and a Revocable Trust. Stepdad passed away in April, he was the trustee and now I am the successor Trustee of the Trust, my Mom is the grantor (who has dementia and is currently living in a memory care place in my home state) A local trust attorney has mentioned that we need to revamp/update all the legal documents to be compliant with TN law, except so far I haven't run into ANYONE questioning the documents. No doctors have had an issue, the bank didn't have a problem, the memory care facility is fine with them. So I'm wondering if this is going to be a big waste of MONEY from her trust that could be used towards her care instead. The bill just to review and discuss the documents is the same amount that we pay towards the caregiving company that takes mom to some of her weekly outings: library, senior center for game day, the gym for her training sessions etc. Any input would be appreciated, I feel like she's being swindled to pay a lot of money to update paperwork that may not even need it.

Elder Law

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score 0 · Answer 1

Consult an attorney working specifically on tax law.

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score 0 · Answer 2

I live in Indiana and my mother moved in with me from Mi and we were advised to update her Trust, POA and HealthCare Directives. Though you do need to check with your States requirements ... I would like to say be careful with what lawyer you choose. There are some real money grabbers out there. I wish I would have checked out the lawyer who did my mom's updates. She charged us a lot of money and was a grump. We don't feel we can even call her for questions. I think being a "lawyer" went to her head. I found a better Lawyer through a Paralegal friend. So glad there are a few lawyers that aren't bad apples.

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score 0 · Answer 3

Whether or not you will need a new will when you move to another state depends on both states. Some states require two witnesses, others require one if you get it notarized. If your will from another state does not conform to the laws in the state to which you have moved, you may run into problems. States do have different requirements, and it will save you time and money in the long run to see an attorney in the new state and make sure that your wishes will be carried out there.

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score 0 · Answer 4

Wills are different you do not need a new one because of a move to another state. It is the Advanced Care Directive that needs attention.

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score 0 · Answer 5

I asked my daughter about this. She is a third-year law student (on a full scholarship, I might add). She said she did't know about trusts, but wills have to conform to the law in the state in which the person resides at the time of death. She recommends checking with an attorney to make sure all the documents conform to the law where your mother lives now.
Hope this helps.

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score 0 · Answer 6

I have not had any problems either having moved from several states, and my husband being diagnosed since 2009. The only thing I can think of is changing the address and perhaps mentioning she is incapacitated, but I have not run into anyone questioning anything. The military has a DPOA and Will that covers all contingencies and is good worldwide. You can ask online from several legal sources (the state of TN, for instance).

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score 0 · Answer 7

My husband and I did not make out new wills when we moved from GA to TN for the reason that he was no longer mentally competent to do so. When he had a stroke, I did get a lot of grief from his children in TN over the provisions of the health care POA in which he had stated he did not want a gastric feeding tube. I haven't seen or heard from his kids since the funeral, and here I am stuck in TN, and although I have children of my own here, my friends all died or moved away in the 24 years we lived in GA. I did revise my own documents so that no one can question what I want. It cost about $500.

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score 1 · Answer 8

When we moved Ma from CT to VT I was told to do this. It is not too expensive. Some of the wording on the POA/DPOA and not to mention Advanced Directive can be similar yet different. You do not want anything to slow down the process when the time comes. I recommend this and you will not have to worry or lose sleep wondering.

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score 1 · Answer 9

I would consult with a tax expert familiar with trust taxation in NM and TN. There may be tax advantages to let the trust remain in NM.

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Does DPOA and trust paperwork need to be adjusted for the state Mom currently lives in?

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