Does my sibling's so called POA in Maryland cover my mother (with dementia) if she drops her off in North Carolina?
I am unsure if my sister's POA is even legal, and was she able to use it legally in another state to admit my mother to a nursing home where u contracted covid 19 and passed away
I am confused. Can't figure out if this is a hypothetical scenario or it happened. If you have lost your mother I am so sorry.
If Mom has passed being illegal or not does not matter. And if a NC nursing home excepted the POA, I guess it was OK. POA stops at death. My question would be why did she take Mom to NC? Is that where sister lived?
A lot of POAs live in a different state then where the principle lives. And the POA was probably done in the principles state. There are some people who have been assigned and not known it. I don't think POAs vary that much from State to State. Its basically the wishes of the principle. The person assigned is a representative and follows the wishes of the principle. Makes decisions on what is best for the principle.
An attorney can advise if the POA is compliant with the original state's laws.
If the POA is valid, the POA will "cross state lines". Just because it's executed in one state and complies with the laws of that state doesn't mean it is not valid in another state.
I work in the legal department of an insurer - I review POAs a few times a day. It doesn't matter to us if they reside in a different state from where the POA was executed. It just matters if it was compliant with the law of the state where the POA purports to be executed. From the personal, non-legal side, I drafted my family members' POAs, and not one has been refused due to a difference in states where POA was drafted versus the state of current residence.
You need to provide a copy of the POA to an attorney to know the answer to your question. To many variables for anything but speculation here.
One thing I do know, nursing homes will not accept anyone unless they have a need for skilled care, you can not just take someone to a nursing home and pur them in. They have requirements that must be met.
I am sorry for the loss of your mom and I pray that you can find peace. We die when our time is up, no matter where we are or how we are doing.
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If Mom has passed being illegal or not does not matter. And if a NC nursing home excepted the POA, I guess it was OK. POA stops at death. My question would be why did she take Mom to NC? Is that where sister lived?
A lot of POAs live in a different state then where the principle lives. And the POA was probably done in the principles state. There are some people who have been assigned and not known it. I don't think POAs vary that much from State to State. Its basically the wishes of the principle. The person assigned is a representative and follows the wishes of the principle. Makes decisions on what is best for the principle.
If the POA is valid, the POA will "cross state lines". Just because it's executed in one state and complies with the laws of that state doesn't mean it is not valid in another state.
I work in the legal department of an insurer - I review POAs a few times a day. It doesn't matter to us if they reside in a different state from where the POA was executed. It just matters if it was compliant with the law of the state where the POA purports to be executed. From the personal, non-legal side, I drafted my family members' POAs, and not one has been refused due to a difference in states where POA was drafted versus the state of current residence.
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One thing I do know, nursing homes will not accept anyone unless they have a need for skilled care, you can not just take someone to a nursing home and pur them in. They have requirements that must be met.
I am sorry for the loss of your mom and I pray that you can find peace. We die when our time is up, no matter where we are or how we are doing.