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The reason I ask is because my grandma when still considered of sound mind signed a durable power of attorney for me while we were living in CT. We are moving to Maine but she is unable to sign her name having severe dementia. Will this power of attorney still be good in Maine and allow me to place her in a nursing home when it's time? It's not like I can have her sign a new one anymore.

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To clarify, DPOA is a generic term that means the document continues after the person becomes incapacitated as opposed to an ordinary POA that becomes invalid if they are incapacitated. There are separate POA's for Health and Finance. Usually the typical POA is for Finance not Health.
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Ramiller,

Durable Power of Attorney is for finance and NOT for Health. There is a separate Power of Attorney for Health.
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I agree with GardenArtist.
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Note on any special requests etc have her initial everyline. Some states do not require initials.
Letter of statemant POA is still in enforce and complies w state statute re poa and quote state statute. And notification of monetary damages for failure to recognize poa according to her wishes. Damages ie. 3times daily rate nsging home (high priced) for failure to acknowledge poa in effect. Place on top of legal /poa papers and DCF Rep.

Are you her will executor or co executor that helps too.
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Note ADA504everything comes under Least Restrictive Enviroment (which in this case Civil Right Freedom Of Choice). Note keep all papers prior to Dx. Include in Represenative. Now you would be DCF Rep. In New State of Residence. Not Perfect. But will get her what she needs.
Next Take Guardian at Leim course short and doesnt cost but like 300-500.00. Graduate/Be loved ones Guardian at Leim. They usually dont mess w them.And you will learn alot that will help you.
Other that that get Appointed Guardianship through Family Law Lawyer.Cost much more
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Sorry type o's screen cracked bad. And have only little windows typo Sogn is sign. Think you can figure out the rest.
Used this when my POA recognition was disallowed by Nsg Home. I applied for LTC and changed doctors in.managed care filed greivences on his behalf.
Note doctors have contact sheets have state of mind noted and cognitive date do this keep with paper and note on Noterized paper.
A person w dementia is not necessarially cognitevly challenged 24/7. ADA 504 reasonable accomidations (for standards of care choice of care giver provider)(the quotations are example of and pt. Civil Right reasons to use the DCF AARep).Dementia doesNOT rob one of their Constutionsl , Civil and Patient Rights.This appoints you as their advocate To apply for and Represent and Advocate for.
Hard way to go. But when a place knows they are intentionally trying to estrange pt. From family using HIPA law Its What FLIES.
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Well I ansered again in dwtail and he gets jealous if Im on phone hit long button an lost it.
Short version Advocate ADA504 reasonable accomodations least restrictive enviroment .ADA505advocate Reasonable accomodations .Whater he needs or Wants to obtain goal, including monetary damages (and dont let congress pass law they arent resp.for monetary damages, this is only wy to get attention. These damages have a chain reaction an thru chain of command (responsibility) make the President as president and as own person years after out of office when case goes to court still responsible for actions persay of a grade school teacher kindergarden teacher decide a child (who phonetically reads every morning front page while getting dressed for school) is to stupid to learn to read or teach phonics and teaches instead only sight words. This ingrained in my child and today now he owns own business can spell every st. In city inc. Appatamox but still says cant read.Sued state arbartration Florida 0tolerance state 20 yrs before have to be. Teacher Responsible forTEACHING Cirriculumn and being able to pass all same tests Students are required to take:And, Principal respon. To govenor and Represenative who resp. To congress who resp to Pres.US no excuse for child not being taught to read.
This same procsses followed advocating for medically challenged loved one.
DCF authorized Represenative.Enables one to file for (and purchase food for person )as stated foodstamps. Now the other It also is Authorized Appointed Represenative for DCF and Medicaid allows Representation as persons personal DCF advocate under ADA 505 reasonable accomodations. (Whatever it is that your loved one NEEDS or WANTS to obtain whatever goal or need it is.
As Authorized Appointed DCF Represenative you advocate for loved one also for ADA 504 reasonable accomodations.
least restrictive enviroment.
Within persons wishes.
Now there are two types. First sogn SelfAppointment as DCF Authorated represenative. Then have lovedone sign Authorized Appointed Represenative HAVE Noterized. This is recognized as DCF Payee.
Note Soc sec does Not recognize a POA.
I used this to advocate w state ADA Advocates and change care given loved one. To apply for medicaid benefits and Longterm care benefits and Complaints.
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I had one for my parents in PA, and I am in MD. No problems at all with moving them here, selling thier home ( while they were both still alive) and No problems at thier banks. And the POA was probably 30 years old. Maybe I was lucky,, but it all worked out
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Liz, I ran into that with my dad as well with VA requiring their own power of attorney, even though I already had one; just glad it wasn't questioned because he had already been diagnosed with dementia by then; actually just realized think they knew that already but then I think they weren't really too worried about it; they knew I'd been handling his VA business for years, just new fed regs required POA on file
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Doing research into this for my parents in Illinois (and I am an Estate Advisor). Many states will honor another's POA's. Wouldn't hurt to double check. As for the person who said DPOA is healthcare, it is not. It means Durable and will be active through an incapacitation. Non-durable (dont' see too often anymore) means it stops at incapacitation and you enter "living Probate." Courts get involved just as probate after death. Sometimes there is medical language in the DPOA...but we usually like to see separate Financial and Medical POA's.
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Hi littlemisskitty your question is a good one. There are differences between states, just like many other issues. This is not to say you need to worry. Take your document to your attorney and allow them to get to the bottom of the law. Most attorneys will readily do this for you. If you have a trusted family member or relative in the state you are moving to ask them to ask an elder law attorney in that state.
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Thanks, ramiller. I wasn't reading carefully; those legal terms trip me up unless I check carefully each time. Actually, I also did run into having to have a separate durable power of attorney on file at the Veteran's hospital last time dad was there, in spite of him having his own individual one.
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Durable Power of Attorney's are only portable if the comply with the laws of each state. I learned from experience that Pennsylvania has different requirements than California when it comes to an only child acting as POA for a parent. In addition, various institutions such as banks, mortgage companies, etc., may have different requirements. This can get very complicated because in the case of dementia, for example, if a POA is challenged years after it was drawn up, the person being represented may no longer be considered competent to sign or give their consent to revised documents. It is a good idea to advise the attorney drawing up the POA that you may need to travel, relocate or do business in other states.
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Ramiller - That is not true for every state evidently. I currently live in Florida and have a DPOA for my mother which was drawn up by our attorney. It give me access to all her finances including selling her house, giving gifts of money or other items and give me healthcare decision rights including rights to transfer her to healthcare facilities.
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Liz they are talking about healthcare power of attorney which is what a DPOA is. A financial POA is a totally different document that must be notorized and is for financial affairs only. Your DPOA is only for medical.
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I have found recently that, with banks particularly, I have to set up POA's for each individual bank, as well as the POA that has been in place for my dad for years. I was told by one person that recent laws have become much more stringent.
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Usually, it is. DPOA is often given by military members who must deploy overseas. So state to state, it usually holds up, as long as the document conforms to generally acceptable construction from a paralegal standpoint. Be sure to get legal advice about your specific situation and discuss the intention behind it. Guardianship over your mother may have better and more comprehensive powers. We went that way
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Was the DPOA notorized or just witnessed? We are doing one for a family member who lives out of state in PA. The form says of it is notorized it is more likely to be honored by another state. But it also says it does not have to be notorized to be honored. Check your gram's and see. Because of her condition if it is not notorized you may want to get her doc to write a letter to go along with the DPOA stating that at the time of the move she is no longer able to make decisions for herself.
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I'm dealing with this right now and I think it is good. Check with the attorney who drew up the POA first and then consult with an elder law attorney in Maine.
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I agree with GardenArtist, and if CTs is not recognized by Maine you might have to obtain Guardianship; a bit more costly.
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I think you might check with a Maine estate planning attorney, or research Maine statutes, to determine what its requirements are and whether or not it has reciprocity with CT for a DPOA.
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