If I get a DPOA drawn up and notarized in NC can it be used in NJ?
My mother just moved a few weeks ago to North Carolina. Can it be used in other states to conduct business for my mother or are the durable POA good for the state they are notarized in?
If the NC form meets or exceeds the NJ requirements, it may be useful. The problem is the laws differ from state to state. New Jersey: "Requirements for Durable Power of Attorney (1) Competent adult; (2) signed; (3) dated; (4) 2 witnesses who shall attest that declarant is of sound mind and free of duress and undue influence or notarized or other person authorized to administer oaths. May be supplemented by video or audio tape recording; (5) directive implemented when determination of lack of decision-making capacity is documented and confirmed by physicians" Now, the NC laws do not have as many requirements: "(1) 18 yrs. old; (2) understanding and capacity to make and communicate health care decisions; (3) in writing; (4) signed in presence of 2 witnesses and acknowledged before a notary (suggested form §32A-25) So my guess is the NC will not have all the details needed in NJ.
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"Requirements for Durable Power of Attorney (1) Competent adult; (2) signed; (3) dated; (4) 2 witnesses who shall attest that declarant is of sound mind and free of duress and undue influence or notarized or other person authorized to administer oaths. May be supplemented by video or audio tape recording; (5) directive implemented when determination of lack of decision-making capacity is documented and confirmed by physicians" Now, the NC laws do not have as many requirements:
"(1) 18 yrs. old; (2) understanding and capacity to make and communicate health care decisions; (3) in writing; (4) signed in presence of 2 witnesses and acknowledged before a notary (suggested form §32A-25) So my guess is the NC will not have all the details needed in NJ.