Dallas, TX asked in Family Law and Probate for New Mexico

Q: My mom is on life support in new Mexico and i live in Arizona Is there a way to establish p.o.a. from over state lines?

I understand a notary is not needed to provide me with medical poa just her signature. What do i do if she passes before poa is established?

I am the youngest son of two.

Related Topics:
1 Lawyer Answer
Ben F Meek III
Ben F Meek III
  • Probate Lawyer
  • Oklahoma City, OK

A: If your mom is occasionally lucid and mentally competent, should could possibly grant power of attorney. If she's not, such will not be possible. POAs typically require two witnesses and a notary. And even a Durable POA terminates upon her death. So, what is it you need the POA for? If it is to make Medical decisions for her, you may not need one if the health care providers don't insist and no other family members create a dispute or conflict. For end of life decisions, the healthcare providers may require it or an Advance Directive before withdrawing nutrition or hydration or removing a respirator. If this is your situation, it may be too late. If you're wanting to make a Will for her, it is probably too late. You should contact an attorney in the state where she lives for specific answers to your question.

PS: My answers here are for general information only and are not advice about your situation nor an opinion on the applicablility of an law. They are not an offer to join in, nor intended to create, nor do they create, an attorney-client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.