Good Sam Club Open Roads Forum: Snowbirds: "Legal" question for Canadian Snowbirds
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 > "Legal" question for Canadian Snowbirds

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almcc

Ontario, Canada

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Posted: 02/09/20 08:13am Link  |  Quote  |  Print  |  Notify Moderator

I thought that I would comment and ask a question. Before retirement and snowbirding we ensured that our wills and Powers of Attorney were updated and complete. We carry scanned copies with us in digital format when snowbirding.

Our investment guy recently commented that another Canadian snowbird client had an issue with the spouse's power of attorney for personal care (it allows the spouse to make medical decisions if he is not capable). A hospital in Florida ignored it saying that the Canadian document was not valid, they treated the patient against the spouses wishes (sounds like a cash grab!)

I'm wondering if this has happened to anyone else. As a second question, if I get Powers of Attorney done (say) in Florida, are they state specific, say In Arizona or other states?





Lwiddis

near Bishop, California

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Posted: 02/09/20 08:24am Link  |  Quote  |  Print  |  Notify Moderator

IMO Florida has weird rules. In California if the document is valid in another jurisdiction, it’s valid here.

Probate Code § 4053. A durable power of attorney executed in another state or jurisdiction in compliance with the law of that state or jurisdiction or the law of this state is valid and enforceable in this state to the same extent as a durable power of attorney executed in this state, regardless of whether the principal is a domiciliary of this state.

* This post was edited 02/09/20 08:31am by Lwiddis *


Winnebago 2101DS TT & 2020 Chevy Silverado 1500 LTZ Z71, 300 watt solar-parallel & MPPT, Trojan T-125s. TALL flag pole. Prefer USFS, COE, BLM, NPS, TVA, state & county camps. Bicyclist! 14 year Army vet-11B40 then 11A - (MOS 1542 & 1560) IOBC & IOAC grad


ksg5000

Oregon

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Posted: 02/09/20 09:29am Link  |  Quote  |  Print  |  Notify Moderator

I would consult an attorney. I know that for Estate purposes when someone owns property in both USA and Canada you can run into problems with std power of attorney.


Kevin

TenOC

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Posted: 02/09/20 11:32am Link  |  Quote  |  Print  |  Notify Moderator

I THINK that in TN the DPOA need to be signed by 2 witness and notarized. May the CA DPOA did not have the necessary signatures for FL?????


Please give me enough troubles, uncertainty, problems, obstacles and STRESS so that I do not become arrogant, proud, and smug in my own abilities, and enough blessings and good times that I realize that someone else is in charge of my life.

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MDKMDK

Canada

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Posted: 02/09/20 06:29pm Link  |  Quote  |  Print  |  Notify Moderator

Don't know if this will help or muddy the waters. About half way down the page it touches on/about refusals to honor, and why.

https://www.floridabar.org/public/consumer/pamphlet13/


Mike.
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