Saturday, 25 October 2014

I have durable power of attorney for uncle (91) with ALZ - no recognition of people. I am in Mass with him but would like to consider moving...

Question

I have durable power of attorney for uncle (91) with ALZ - no recognition of people. I am in Mass with him but would like to consider moving him to Fl with me if possible - would this cause legal or heath problems for him?



Answer

The biggest question I have would be whether the power of attorney would be recognized in Florida. Unlike Massachusetts, where the signature on a power of attorney only needs to be witnessed by a notary, Florida law requires two witnesses on the document. Some Florida institutions may not recognize its validity as a result.

I would take the document to a Florida elder law attorney for review and advice before you make any final decisions..



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