Father unexpectedly came to live in NC with me. He needs me to assist in changing his address, bank accounts, social security, retirement benefits, etc, If he has a Durable POA in NC can I use it in TN?
Your POA, if well written, should work in any state. It is the purpose of POA to serve the person, knowing that it is likely that this person could pass into a state where they are unable to act for themselves, unable to redo any paperwork. For me the whole idea is to get a VERY well written POA that covers everything point by point. For this reason my brother and I used his lawyer. Many will tell you that you can get POA forms off the internet and have them notarized and so on, and I am sure you CAN, and I am sure they MAY BE adequate in most circumstances. But I think that it is important that a Lawyer is there and is involved. Our Lawyer advised, questioned my brother thoroughly, and even laughingly said to him at one point "Are you certain you want this; you are giving your Sister the right to sell the gold out of your teeth". In any case, wishing you luck. Social Security and IRS do not accept POA. You have to be made representative payee for a person to mess with the social security. Often you can have it put in a TRUST account for the elder without being payee. Being payee will mean meticulous record keeping and possible reporting yearly; but meticulous record keeping necessary in ANY case. Check with SS for further instructions. Opening an account for elder, with you as POA possible in your State with your papers, esp if branch banking. Attend the banks you wish to use with your questions. Post office will accept your POA for change of address without any problem. Present them at your local PO. Wishing you luck. My bro and I were in same state but it was still daunting for a year, getting things together. After that it was fairly smooth sailing. Do know if your elder has a Trust your POA is not good for a Trust, either; you have to be made Trustee of Trust.
I don't know why not, but if he's competent to give POA, get a new one. It isn't a "call a lawyer" type of document, but it does need to be notarized.
His bank should have a notary public who can handle it for him. In fact, it'd be a really good idea to use the bank's POA forms, because banks are notorious about not accepting POAs that aren't theirs.
2 Answers
Helpful Newest
First Oldest
First
In any case, wishing you luck. Social Security and IRS do not accept POA. You have to be made representative payee for a person to mess with the social security. Often you can have it put in a TRUST account for the elder without being payee. Being payee will mean meticulous record keeping and possible reporting yearly; but meticulous record keeping necessary in ANY case. Check with SS for further instructions. Opening an account for elder, with you as POA possible in your State with your papers, esp if branch banking. Attend the banks you wish to use with your questions. Post office will accept your POA for change of address without any problem. Present them at your local PO. Wishing you luck. My bro and I were in same state but it was still daunting for a year, getting things together. After that it was fairly smooth sailing. Do know if your elder has a Trust your POA is not good for a Trust, either; you have to be made Trustee of Trust.
His bank should have a notary public who can handle it for him. In fact, it'd be a really good idea to use the bank's POA forms, because banks are notorious about not accepting POAs that aren't theirs.
ADVERTISEMENT