Are powers of attorney drawn up in SC valid in PA?

Rosey, the SC attorney could do the necessary research to determine if reciprocity exists between the 2 states. He just might not want to do it. It's a statutory and case law issue. But if he doesn't, a PA attorney could do the necessary research and probably do so quicker.

Thanks everyone. Garden Artist, my husband was hospitalized with a crisis of breathing and swallowing brought on by his long term myasthenia gravis which is not related to the dementia so we are dealing with two different conditions. I will follow everyone's advice and get to another attorney ASAP. I have spoken with our SC atty and he cannot tell me if PA will honor our POA. However, the hospital and rehab have it on file and were willing to abide by it.

Couple issues in this situation:

1. First, you'll need to determine if SC and PA have reciprocity for POAs, and specifically for yours, i.e., whether it's a DPOA, springing based on determination of mental incapacity. That would establish that you still do have authority under the POA, which son apparently thinks or he wouldn't be trying to revoke (even if he has no authority to do so).

I did some quick research on reciprocity of a POA between the two states, but it's not a simple issue. It depends on the specific document and authority. I think this is a question best handled by an estate planning or elder law attorney.

2. As FF advises, the son cannot revoke something he did not create, and which wasn't executed to handle his affairs, but rather your husband's. He could try to challenge your authority generally though, outside of the POA issue, alleging various issues, but only your husband can revoke the POA. And apparently he's not in a mental state to be qualified to do so.

3. Is it possible to have a family conference with one of the treating physicians who can explain to the son what his father's mental condition is? Someone who could also tell the family it's time to get together on helping your husband and put aside the frictional differences? Is dementia the prime reason he was hospitalized, or is it a physical issue?

4. The fact that another family member has retained an attorney makes me suspect that there are some issues in your husband's family. What they are I couldn't speculate, but I would consider consulting another elder law attorney to review the status of your rights and obligations.

I am not a lawyer and so I may be wrong. Find another elder law attorney. Ask them if you need another POA agreement made up. If so then do it before his son does it behind your back. Do this very soon.

Immediately pursue Guardianship in PA because he can't revoke that.

It all depends on how the Power of Attorney was drafting if it is valid across State lines.
Look for other Elder Law attorneys in your area. Go up to the blue bar near the top of the page and click on MONEY & LEGAL.... now click on ELDER LAW.... you will see a box where you can type in your zip code, and hopefully other attorney names will pop up.

By the way, your husband's son cannot revoke a Power of Attorney. Only your husband can make any changes.