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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11814
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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We moved to florida recently our son is in milwaukee where

Customer Question

we moved to florida recently our son is in milwaukee where we are buying a condo; we also have property in wa state. We have simple wills; we think we should give him the durable; power of attorney - questions: 1) do we need a separate DPOA for me and 1 for my husband or can we have one for both? 2) will a Fl DPOA be sufficient for him in Wisconsin and in Washington or do we need one for each state?
Submitted: 1 year ago.
Category: Family Law
Expert:  jb156200 replied 1 year ago.

Good morning! Each spouse is required to have their own Durable Power of Attorney. A Florida DPOA, as long as it is validly executed to Florida law, will be accepted in any state in the United States. You are only allowed one Durable Power of Attorney at a time and there is no such thing as having a POA for different states. In addition to a DPOA, which only covers financial decisions, it is highly advisable that you and your husband each have a Healthcare Power of Attorney, which covers medical decisions. A DPOA and HCPOA work together.

Please let me know if you need clarification or have a question regarding this topic.

Thank you!

Customer: replied 1 year ago.
We have an old HCPOA for each other; do you think we should also do one for our son?
Customer: replied 1 year ago.
have are son as an HCPOA if one of us is either not available or incapacitated?
Customer: replied 1 year ago.
also so we give our son the original or a copy and keep the original in a safety deposit box?
Expert:  jb156200 replied 1 year ago.

In most situations with spouses, the spouses appoint each other first, and then name their child as the back up in case the spouse is unable to act as the POA. It is recommended to have up to date POA's in the state in which you live because of the changes in law.

Expert:  jb156200 replied 1 year ago.

It is always recommended to keep your originals in a safe place. Some leave the originals with their attorney or in a safe deposit box.

Customer: replied 1 year ago.
we should have a DPOA for (1) me (2) my husband and (3) our son right?
Customer: replied 1 year ago.
I dont think that it says that in the DPOA form so do we need to do that in our simple wills? As I remember, we appointed each other the executor in event of our death and our son executor in the event of both of our deaths
Expert:  jb156200 replied 1 year ago.

A Will only applies once the person has died. A Power of Attorney is in effect while the person is alive and terminates upon death. Therefore you need a POA while you're alive so that if you become incompetent or cannot speak on your behalf (i.e. bad accident and in a coma), you have appointed someone to act on your behalf. Once you die, then the POA dies with you, and now the Will takes effect. Your executor, or in Florida it is called Personal Representative, takes the place of the POA.

Expert:  jb156200 replied 1 year ago.

So to summarize, it is recommended you have:

1) Durable Power of Attorney - One for each you and your spouse, where you appoint each other, and name your son as the backup. This controls financial matters.

2) Healthcare Power of Attorney - One for each you and your spouse, where you appoint each other, and name your son as the back up. This controls health care decisions.

3) Last Will & Testament - One for each you and your spouse, where you appoint each other, and name your son as the back up Personal Representative. This person replaces the POA upon death and controls administering your estate.

Customer: replied 1 year ago.
EXCELLENT = THANK YOU!!We both have simple wills. Our net worth is about $1.3 M. But since we have property in 3 states, would it make it easier for our son when we are dead for us to have a Revocable Trust?
Expert:  jb156200 replied 1 year ago.

When you own real property you are required to open an estate in each state in which you own property. Putting real estate in a revocable trust is a way to avoid multiple estates from being opened and administered after death.

Customer: replied 1 year ago.
Thank you. ***** ask you another rather complex concern of mine?
Expert:  jb156200 replied 1 year ago.