I have two questions about Powers of Attorney:
1. My mom signed a Medical POA last year in California. She lives in Arizona. It doesn't matter where she signed it, correct? I had two witnesses sign as well.
2. If my mom signs a Durable POA in California, it is valid in Arizona, correct? Also, will witnesses suffice in lieu of a notarization?
Many thanks!
Recognition of the validity of powers of attorney is somewhat erratic; I have heard reports of difficulty getting out-of-state POAs accepted as genuine and in full force and effect. With ordinary civil POAs for real-estate transactions, etc., I often advise clients to use a local form or to check with the folks who'll be called upon to recognize the validity of the POA in advance (when possible). These troubles were supposedly addressed by the adoption of supposedly uniform interstate forms several years ago, I believe in 1999 in California for health care POAs.
Officially, California law requires recognition of advance health care directives executed in other states. See Probate Code section 4676 (probably easily found on line via a Google or Bing search). I would guess that other states (e.g., Arizona) have similar laws making health care directives executed in California valid and enforceable there ...... but as a California licensed lawyer, I cannot assure you what's in another state's laws.
I'd suggest search terms "Section 2(h)" "Uniform Health-Care Decisions Act" and "Arizona" as possible keys to seeing what Arizona law contains on this subject.
Recognition of the validity of powers of attorney is somewhat erratic; I have heard reports of difficulty getting out-of-state POAs accepted as genuine and in full force and effect. With ordinary civil POAs for real-estate transactions, etc., I often advise clients to use a local form or to check with the folks who'll be called upon to recognize the validity of the POA in advance (when possible). These troubles were supposedly addressed by the adoption of supposedly uniform interstate forms several years ago, I believe in 1999 in California for health care POAs.
Officially, California law requires recognition of advance health care directives executed in other states. See Probate Code section 4676 (probably easily found on line via a Google or Bing search). I would guess that other states (e.g., Arizona) have similar laws making health care directives executed in California valid and enforceable there ...... but as a California licensed lawyer, I cannot assure you what's in another state's laws.
I'd suggest search terms "Section 2(h)" "Uniform Health-Care Decisions Act" and "Arizona" as possible keys to seeing what Arizona law contains on this subject.
