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Ask Andrea, Esq. Your Own Question
Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Hello,and thank you for your service. My question is this.If

This answer was rated:

Hello,and thank you for your service.

My question is this.If a Durable Power of Attorney was set up for my mother while she lived in New Jersey(by my brother,who presently has her in Ohio since hurricane Sandy), does it remain in effect in Ohio or is it null and void because she is no longer residing in New Jersey?

Hi, Gail, My name is XXXXX XXXXX will be glad to assist you with your question today,

 

 

If the Durable Power of Attorney was executed according to the laws of New Jersey, then it will be valid in Ohio also because of the "Full Faith and Credit" clause of the United States Constitution which states that each State shall acknowledge and recognize the laws of sister States.

___________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Customer: replied 3 years ago.

Thank you Andrea,but I do not understand the 'Full Faith and Credit' clause.


When I went to Ohio to 'save' my mother' and get guardianship,which I believe over rides Durable Power of Attorney(correct me if I am wrong) I was told there was no problem getting it for her protection and situation,but as soon as she crossed out of an Ohio border it would become null and void.


 


Your comments are most appreciated. Thank you. Gail Rosensweig

Customer: replied 3 years ago.

Andrea, I do not understand the 'Full Faith and Credit' clause. As when I went to Ohio to get Guardianship,which I believe overrides Durable Power of Attorney(correct me if I am wrong)Ohio could do that but said if she ever crossed an Ohio state border it would become null and void.

 

How does that make any sense with what you told me about the 'Full Faith and Credit' clause. Please fill me in.. Thanks Gail XXXXX

Customer: replied 3 years ago.

I tried twice to reply to my expert and both times was rerouted to the subscription page.. I do want to reply,but seems your site is not letting me.


 


Due to that I question the integrity of the site and it's providers.


 


I was also planning to get a subscription, but am now weary.


 


My attorney was Andrea. If by some miracle someone receives this please have her contact me at [email protected]


 


Thank you. Gail Rosensweig.

I do not understand what you mean by "if she ever crosses the Ohio border it would become null and void" What would become null and void ?

 

 

Did you get Guardianship over your mother ?

 

 

Was she declared incompetent by the Court ?

 

Customer: replied 3 years ago.

No, I did not get Guardianship as I was told it would be null and void as soon as we left Ohio to take her home to NJ or with me in MA.She was not declared incompetant as we did not go to court,but she will do anything to get out of there,.She is not incompetant,but has an untreated depression which makes it hard for her to make decisions or stand up to my brother. Thanks.....Gail


 


 


 


 


 


 


 


 


 

Thank you for your additional information, Gail,

 

A person will not be appointed Guardian of another if they are not declared incompetent by the Court and unable to take care of their own affairs. That could be why the Court would not entertain any Petition for Guardianship.

 

In addition, since your mother is not incompetent, and she executed the Durable Power of Attorney while she was and is competent, it will not be set aside by the Ohio Court,

 

I am sorry you experienced a problem in getting back to this page. As a matter of fact, my response to you also disappeared and I had to retype it and resend it. I have no control over that and you might want to get in touch with Customer Service to give them your opinion on what happened. They can be reached at [email protected]

 

___________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

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