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Devil is always in the details ...


My Mom lives with me part of the year in North Carolina and my brother for part of the year in Delaware. We both want to have the POA to make things easy for whoever has her, at the time. Is it possible with 2 different agents and 2 different states?

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First: Is your mom legally competent to grant a POA to either or both of you?
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Have a lawyer do it. You'll be happy you did. I had a notarized copy of my father's when I was POA and could do absolutely nothing with it. I couldn't even turn off the cable in his house when he was going into the nursing home.
Everyone demanded a POA that has the law firm's official stamp on it. Please have it done with a lawyer. It's worth the money.
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Wappel, if you and brother are in two different states it is really important that the POA addresses both states statutes and that it has specific language that states it is intended to be valid in any jurisdiction that it is presented in.

I highly recommend using a certified elder law attorney for this, you can find one near you or brother at www.nelf.org.

If mom is kinda sketchy at times in understanding what is going on, be sure and schedule the attorney for her best time.

The problem with you having one for your state and brother having one for his state, is that the newest one cancels out all others prior to that date. Far better to have one with both of you able to act.
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I doubt if office stores have forms that are updated to comply with new legislation or case law, and that's an important issue.

Only a qualified attorney should be involved in addressing a document which includes a joint proxy situation.
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