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Power of attorney from different state

My mother is moving from North Carolina to live nearer to us in Massachusetts. I'm her power of attorney under a document created in NC by an attorney. She wants to know if she should do a new power of attorney or if we can use the old one in Massachusetts. Thank you.

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I would create a new power of attorney.  A power of attorney should not cost more than a couple hundred dollars (probably less) to create.  In fact, if it has been a while since your mom reviewed her estate plan, she should probably have that done now too.  Most attorneys who prepare estate plans 'throw in' the power of attorney at no extra charge.  Similarly, your mom will also get a new Healthcare Proxy, the document used in MA for medical decision making.

In any case, there are several reasons to create a new power of attorney, and you can follow these links for more in-depth explanations of these examples:  The new power of attorney can, if desirable, incorporate powers and features spelled out in the new MA Probate Code.   And, under Massachusetts law, you mother can use her power of attorney to nominate both a guardian and a conservator  (two separate positions under MA law.)  Hope that helps.

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