What If My Attorney In Fact Moves Out Of State?

           In today’s mobile society, not too many of us stay in one place anymore. So how does that affect our choice on our power of attorney document? Your attorney-in-fact (the person you normally refer to as your ‘power of attorney’) probably lived nearby when you drafted your power of attorney document. What happens when they move away?
           Let’s apply this to Aunt Gertrude and her niece Milly (and if you don’t know who they are, back up from today’s blog and follow their adventures from earlier blogs).
           Aunt Gertrude is being helped by her niece Milly. Aunt Gertrude can still get around, but not by herself. She needs someone to drive her to appointments and take her for an occasional outing. Milly has a good heart and wants to help her Aunt Gertrude.  Most of the time.
           If Aunt Gertrude and Milly both live in the same town in Pennsylvania, there is nothing that stops Milly from functioning as the power of attorney document says she can. If Milly moves to Colorado, she still has all of the same powers and authority that she did before. In our country, we have what is known as comity between the states. Each state recognizes the laws of the other states. So Aunt Gertrude does not need to execute a new power of attorney document to allow Milly to continue as her attorney in fact just because she moved to Colorado. And Milly does not need a Colorado Power of Attorney document to continue to assist her Aunt Gertrude.
           Practically speaking, Aunt Gertrude may wish to appoint someone who lives close enough to assist her with her daily routine. Legally? The power of attorney document  crosses state lines with ease.
           Please continue to share your stories with us. We’ve heard from many of you, and we hope to have some changes coming soon which will make it easier for you to post your comments on our link. Thank you for your kind words. We’re glad that our blogs are helpful.

Bringing Power Of Attorney Abuse To Light

  You recall that in our vignettes, Aunt Gertrude has appointed her niece Milly as her attorney-in-fact through the Power Of Attorney document. With just that as a background, think of your own family and acquaintances -- Have any of you reading this ever been guilty of making any of these statements:    

• “Does Aunt Gertrude understand that she is the one in charge, not her ‘power of attorney’ [Editor’s note: the correct terminology is ‘her attorney in fact’] Milly?
• “Why does Aunt Gertrude allow Milly to take advantage of her like that?”

    Or how about these statements?

• “I am going to explain to Aunt Gertrude that she doesn’t have to allow Milly to use her car all of the time, just when they go to the store or hairdressers together.”
• “Its a shame the way Milly is taking advantage of poor Aunt Gertrude. Someone should do something about that."

    It is estimated that nearly three billion (with a “b”) dollars are being lost to financial elder abuse each year, and that number continues to grow.# We can not justify sitting by and shaking our head, saying “isn’t it a shame.” There is a time to act.

    If you see your Aunt Gertrude’s niece Milly acting like she is in charge, don’t you dare say “What a shame” and walk away. It is up to you to speak to Milly and say the same thing: “You are not in charge, Aunt Gertrude is in charge.” And if you happen to be in Aunt Gertrude’s family, you certainly can ask Milly what she is doing with the money and ask her to account for it properly. 

    If Milly is misusing Aunt Gertrude’s assets, like her car or house, you speak up to Milly and ask her plainly “What are you doing, and how does this help your Aunt Gertrude?” An attorney in fact agrees, in writing, to only take actions which are for the benefit of the principal -- in our case Aunt Gertrude. 

    You may be appalled that Milly is taking advantage of Aunt Gertrude. After today, you are part of the solution. You say something to Milly. If not, you have become part of the problem. . .