Is a POA from Ohio also good in Florida ?

[Darkelf53]

Is a POA from Ohio still binding in Florida ?

 

[Taxing Matters]

Is a POA from Ohio still binding in Florida ?

It depends on the details of the power of attorney. In many instances though a POA valid in one state will be good in another.

 

[quincy]

Is a POA from Ohio still binding in Florida ?

Yes.

 

[Darkelf53]

Yes.

ty

 

[Darkelf53]

Yes.

It depends on the details of the power of attorney. In many instances though a POA valid in one state will be good in another.

TY

 

[quincy]

Here is a link to an American Bar article on power of attorney

https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/power_of_attorney/

We appreciate the thanks, Darklf53.

 

[Taxing Matters]

Yes.

There are some instances in which a POA granted in one state would not work in another.

 

[quincy]

The article from the American Bar Association provides a pretty good overview.

 

[Darkelf53]

Here is a link to an American Bar article on power of attorney

https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/power_of_attorney/

We appreciate the thanks, Darklf53.

I have a friend in florida and she has a poa for the man she lives with . they had it done in ohio . they have been together for about 20 yrs . He is now in a florida hospital and is in a coma . the hospital is giving her a run around about the validity of the document . she is stuck at home due to covid . she is getting frustrated with her situation . any thoughts would be muchly appreciated

 

[quincy]

I have a friend in florida and she has a poa for the man she lives with . they had it done in ohio . they have been together for about 20 yrs . He is now in a florida hospital and is in a coma . the hospital is giving her a run around about the validity of the document . she is stuck at home due to covid . she is getting frustrated with her situation . any thoughts would be muchly appreciated

She can look to having the POA updated. What sort of POA was it? What is the reason for the “run around?” Does she have an attorney she can contact?

 

[adjusterjack]

She can look to having the POA updated.

Not while he's in a coma.

What sort of POA was it?

My guess: medical decisions, DNR.

What is the reason for the “run around?”

Good question. Hospital CYA maybe.

 

[quincy]

Not while he's in a coma.



My guess: medical decisions, DNR.



Good question. Hospital CYA maybe.

I missed the “coma” part.

It would help if a Florida attorney could look at the actual document. If the POA met all requirements in Ohio, it should be valid in Florida.

Edit to add: Darkelf53 has limited details right now. The hospital apparently is not providing his friend with updates on her partner’s condition.

 

[quincy]

Here are links, first to Ohio’s Power of Attorney statutes and second to Florida’s (see Florida’s section 709.2106, Validity of POA):

http://codes.ohio.gov/orc/1337

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0709/0709ContentsIndex.html

 

[Taxing Matters]

The Florida statutes quincy linked are the general provisions for powers of attorney, and in particular financial powers of attorney. Florida refers to health care powers of attorney health care surrogates, and has statutes specific to that, including a statutory form for the health care surrogate that a person may, but is not required, to use for this. See the Florida Health Care Surrogate chapter.

One of the differences between Ohio and Florida involves the execution of the POA/health care surrogate. Ohio requires that either the document be witnessed by two witnesses or that the document be notarized. Florida requires two witnesses and does not allow the option for notarization (though notarization may be useful for other purposes). What this means is that if the OHIO health care POA does not have the two witnesses it might fail to be valid in Florida even if it was valid in Ohio. I've not checked Florida case law on that. That is a circumstance that might cause the hospital to be reluctant to accept it.

 

[zddoodah]

I have a friend in florida and she has a poa for the man she lives with

Meaning he is the principal and she is the agent/attorney-in-fact? What does the POA authorize her to do? Based on hundreds of posts on multiple legal message boards, it seems to be a common misconception that a POA is some sort of uniform thing, but that's not the case. Powers of attorney come in numerous forms, so it's not terribly meaningful to discuss a POA without knowing what it covers. And no, I don't care to guess.

the hospital is giving her a run around about the validity of the document .

Because...???