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.
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