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.

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1 Lawyer Answer
Ben F Meek III
Ben F Meek III
PREMIUM
Answered
  • 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.

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