The Villages, FL asked in Elder Law and Health Care Law for California

Q: DPOA documents from Another State- does California have to obide

My dad lives in another state. I am his DPOA for healthcare, financial and numerous other items. I am his healthcare proxy,also.

We have a letter signed by doctor that Dad should not be making his own financial or personal decisions.

The medical personnel Ca is stating that this documents are NOT enforceable in California. Medical personnel claims dad would have to be declared "incapacitated" by the courts, for me to override ANY decisions dad is making.

Please clarify.

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1 Lawyer Answer
Adam Stoddard
Adam Stoddard
  • Elder Law Lawyer
  • Santa Clara, CA
  • Licensed in California

A: Generally, a DPOA that is valid when executed (in any state) will remain valid even if you move to another state; however, it is still a good idea to execute a DPOA in the new state. Typically a DPOA is for financial decisions, not medical.

You should probably look into a Durable Power of Attorney for Health Care. A DPOA for health care directives allows the patient to appoint another person to be their health care "agent" who will have legal authority to make decisions about the patient's medical care if they become unable to make those decisions for themselves and it memorializes their health care wishes in the form of an Advanced Health Care Directive.

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