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FPatch Asked July 2018

I want to set up a financial POA for my disabled son. He lives in Massachusetts and I live in Maine. Where should I get an attorney?

Do I have to get a Massachusetts lawyer to do the POA? I have a good relationship with my Maine attorney and I'd prefer to have him do it. Thanks.

JoAnn29 Jul 2018
Your son needs to understand what a POA is. He needs to sign the paperwork assigning you. I think he needs to be present and the lawyer explaining to both of you what is involved in a POA. Too many posts on this forum where people didn't understand what a POA entailed. Id your son cannot make an informed decision he can't assign a POA.

modernbird Jul 2018
definitely Massachusetts. Has your son agreed to this if he is over 18? Is he capable of agreeing to this?

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TNtechie Jul 2018
POA is a fairly standard document and could most likely be well executed by any licensed lawyer with specialties in estate planning and/or elder/disabled law. There may be an advantage in having an attorney licensed in Massachusetts draft the document to take advantage of any special requirements or advantages available in Massachusetts.

I like staying with the one I know so I would probably ask your Maine lawyer if he or someone in his firm is also licensed in Massachusetts. If not, I would ask whether he would be more comfortable drafting the POA or overseeing the hiring of a Massachusetts licensed attorney to prepare the draft.

If you think you may need additional legal services in Massachusetts, then I would consider using this time to search for a good Massachusetts attorney.

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