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POA from one state valid in others?

Discussion in 'Power of Attorney & Living Wills' started by needtoknowlegal, Jul 11, 2019.

  1. needtoknowlegal

    needtoknowlegal Law Topic Starter New Member

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    Jurisdiction:
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    Hello. We have a DPOA/property management/financial, DPOA/Personal Care and Health, and a living will/health care directive signed by our 18-year-old daughter for my husband or I to act on her behalf in case of emergency or other needs that were issued in our home state of Washington. She/we had these prepared as she goes off to college and transitions into adulthood and managing things on her own.

    These are all general encompassing and not springing POAs, so that we can talk to doctors if she gets sick or financial departments to make sure tuition is recorded paid, etc.

    She will be going to college in Maryland. It is conceivable that she may get some healthcare or other services in Wash. DC and Virginia, for which her I, her parent, will be paying the bills after insurance.

    Question: are Washington state-issued POAs (all of the ones listed above) legal and recognized in DC, VA and MD? Do we need to duplicate all of these in these states/district? Does the health DPOA cover HIPAA authorization? I ask the latter because I have DPOA/health and general for an aunt, and when she was in the hospital, they said they could not talk to me because she had not signed a HIPAA authorization even though they had the health POA on file. She couldn't sign a HIPAA auth. because she was incapacitated at the time, so that left me wondering what good the health DPOA was, and so I am wondering the same about the validity of our daughter's.

    Thank you.
     
  2. zddoodah

    zddoodah Well-Known Member

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    The terms "DPOA/Personal Care and Health" and "living will/health care directive" mean the same thing, so I'm not sure what you mean when you say you have both.

    Issued? I assume this means that's where she signed them. Correct?

    That's not really the right question. Any POA is simply an authorization by the principal for the agent/attorney-in-fact to deal with third parties on behalf of the principal. Regardless of the state or jurisdiction, no third-party is obligated to honor a POA. What that means for you is that it is entirely up to any particular third-party whether or not to honor your daughter's POAs. Will some third-parties honor them? Probably. Will some third-parties refuse to honor them because they were executed in another state? Entirely possible but impossible to predict in advance.

    No one here has read it, so we have no way of knowing.

    HIPAA governs the disclosure of information. The typical healthcare POA is primarily concerned with the agent/attorney-in-fact making decisions. It is certainly possible, however, for a POA to include a HIPAA authorization.
     
  3. needtoknowlegal

    needtoknowlegal Law Topic Starter New Member

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    Thank you. Yes, by "issued" I mean signed and written by our Wash. state attorney and referencing specific Revised Code of WA statutes. He prepared separate health and property ones, and prepared a separate living will. I could ask him about being recognized in other states, but I will get a bill for over $600 for the answer. I am just hoping the answer is more readily available and that there is a less expensive way to have other state-specific forms prepared if they are needed (I see that they are available online, but I am not sure how valid these are).

    I do see upon re-reading the health one that it includes HIPAA authorization. I plan to get college-specific forms for all of these as I know the POAs are sometimes not honored by institutions as they want their own signed. I just want to get everything in order so that in case of emergency, we are not scrambling for things (hopefully will never need). So, if I have to get DC/MD/VA specific ones, I will do that, but am hoping it won't cost and arm and a leg -- or if the WA ones will work, that would be great!
     
  4. needtoknowlegal

    needtoknowlegal Law Topic Starter New Member

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    I meant "signed in Washington state and written by..." not just "signed and written"
     
  5. Tax Counsel

    Tax Counsel Active Member

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    In at least some states those are indeed two distinct things, though they could be combined into a single document.

    The durable healthcare power of attorney is a document that designates someone else to make medical decisions for you in the event that you are unable to do so when care is needed.

    The "living will", also known as an advance health care directive, is a document in which you specify in advance what kind of care you want in the event that at the time care is needed you are unable to make that decision.
     
  6. PayrollHRGuy

    PayrollHRGuy Active Member

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    How can the holder of a healthcare POA make decisions without having HIPAA protected information? So I would think that any even close to properly written healthcare POA would provide for HIPAA authorization.

    I think what the OP should be asking is, are there are any specific laws in any of the interested states that require something in a POA to be generally acceptable in the state(s)?
     
  7. zddoodah

    zddoodah Well-Known Member

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    Not sure if you're actually directing this question to me, but the answer is yes. However, a better question would be whether fully informed decisions be made without all relevant information, and the answer to that question is obviously no.

    The OP can, of course, consult with a lawyer int he MD/DC/VA area about whether the existing documents are likely to be honored. There are tons of lawyers admitted in all three jurisdictions.
     
  8. needtoknowlegal

    needtoknowlegal Law Topic Starter New Member

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    Thank you both for your answers. I guess I will have to ask a local attorney in each. Was just hoping there was an easy answer that would avoid having to pay hundreds of dollars. I know that some investment institutions will not accept a general durable as my mother's would not and we had to have their institution-specific one signed and notarized. Just increases the amount of paper and time involved, and sometimes money. It would be nice if there were a way to have a general (general health, general durable) one that is good everywhere -- our daughter will sign other states' for us to act on her behalf as will we for her to act on ours if we need them, so it is just a duplication of effort to have to go through all of this several times when the intent was true and valid on signing the first. Thanks again!
     

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