Can a POA move out of state a long distance knowing he is not ever coming back, and remain POA? - AgingCare.com

Can a POA move out of state a long distance knowing he is not ever coming back, and remain POA?

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Son POA for grandmother. She suffered ischemic stroke, which changed her personality and reasonable thinking, I wrote the question that I went looked and made demands on her behalf that my son follow the list of things that needed to be done, for her safety and well being. I have another question, My son announced that he and wife # 4 were moving to West Virginia and not returning to Illinois. He seldom went to see if she was ok but can a POA move out of state a long distance knowing he is not ever coming back, and remain POA. ? he did a pathetic job of it, but then knowingly moved to west Virginia How can this be? are there any related comments in the poa papers related to this issue, Thank you

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MaterK7552: Your post to GardenArtist was full of acrimony. You should apologize.
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Mater: God grief! Why did your son have side chick?
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GardenArtist: Thank you for the back story!
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Errata: What I think might have happened is that the GM named Mater's son and bypassed Mater, causing resentment, which she's channeling into finding fault with her son's management of his responsibilities.
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Llamalover, there's a backstory to this post. Three prior posts were on a similar topic, and were laced with hostility toward Mater's son. It was clear that she is very, very critical of her son.

As I remember from briefly skimming those posts before deciding not to step into an apparent mother/son minefield, the son is proxy for a grandmother. It was unclear if the GM was the son's, and Mater's mother, or if it was Mater's mother.

It was also unclear how Mater is involved, if she is, in the GM's care. As I read the other posts, I suspected the son was moving to get away from Mater. She seems to be very dissatisfied with him and wants him to march to the beat of her drum. Where the GM is in all this frictional situation is anyone's guess.
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Then why is he still the POA if he sucks at it?
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My son was out of the country working for a company and didn't know in advance when he would be back in town and I had his POA for all things - financial, real estate, medical, stocks, etc. and it wasn't changed until he moved back to his home state. He had no problem with my having POA from a distance since most banks here viewed the docs and then in some cases, emailed papers to him for signature or I would sign for him. He was 10,000 miles away and all the banks we dealt with had no problem with me signing his name once they saw the POA.
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You can be POA while living out of state, but if you feel that he is neglecting aspects of his fiduciary duties, you can see an attorney to have him removed. Also as a family member you do have the right to request an accounting of how he is spending her money. If he is using grandmas money for personal gain he can be prosecuted. I would see an elder law attorney if you have concerns. It is much better to stop financial exploitation before it gets out of control than to try to get money back after it had been spent. It seems suspicious he has suddenly moved out of state
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Are we talking medical or financial? I've had POAs most of my life (except childhood) and I've lived in dozens of states and have moved frequently. I've never had one stipulate about moving and that would be a very rare occasion. If the POA doesn't have moving restrictions, I'm 99% sure yours doesn't, then it should be good. The problem is the institution. No one has to abide by it. I've had banks, unfamiliar with POAs deny me access. Many require their own forms and especially once privacy became a serious issue. Just be sure to double check every account your loved one has. Hospitals are pretty blase about it. So long as it's a signed document by the patient, and it stipulates what you can and cannot do, they don't really care.
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POA is not an agreement to give hands on personal care, it is about giving either financial or medical oversight and being the final decision maker should any issues arise.
If there is a secondary person named your son could resign his position and the secondary could take over, if he is not willing to do that but neglecting his duties then you would likely have to apply for guardianship if the grandmother is no longer competent.
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