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My terminally ill mother is seeking to name me as general power of attorney. It's something we've discussed before but now it's time to pull that trigger. She's currently out of state (Texas) receiving medical treatment but will be in the state we live in this weekend. Come Monday we're both traveling to Texas so she can continue treatment and I'll be caretaker.

I've read this question and it seems like we can fill out a form and get it notarized as long as we satisfy our state's requirements for POA forms. Would we be able to get it notarized out of state together or should we try to find a notary Monday morning before we travel so it's in our state? It'd be much easier to do it later in the week instead of rushing over the weekend.

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  • A power of attorney that's perfectly adequate while the principal is still of sound mind may no longer be valid if the principal is no longer able to make decisions for herself. It's best to check with a lawyer rather than rely on advice from the web. Jun 13, 2022 at 21:09

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A power of attorney can be signed and notarized anywhere. It is better if it conforms to the requirements of the state in which the principal (the person granting the power) lives. But it does not have to be signed in that state, although it often is.

In some cases a particular institution, such as a bank or a broker, may have its own form which it wants in addition to the PoA itself before it accepts and acts on a PoA. Or it may want to retain a duplicate original of the PoA in its files. It is a good idea to ask any such firm what is requirements for honoring a PoA are, and comply if possible.

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