[CA] Which POA should we use for my mom who is currently hospitalized in Texas but resides in California?
My mother would like me and my brothers to have power of attorney for her financial and medical decisions.
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Then you should use California forms. Even though you’re currently in Texas, the documents can be executed here but should be California-based if that’s her primary residence.
Here are the California forms:
- General page: California Power of Attorney
- Financial POA: California Durable POA Form
- Medical Directive: California Advanced Health Care Directive
Once completed and notarized or witnessed (as required), these forms do not need to be filed with a court. Just keep the originals accessible.
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My mother would like me and my brothers to have power of attorney for her financial and medical decisions.
Lexi, Chatbot
I understand your concern about your mother’s financial and medical decisions. Have you discussed this with your mother and does she agree to grant power of attorney?
Yes, we are here with her at the hospital.
Lexi, Chatbot
Are there specific reasons or concerns that prompted her to consider this now?
She has cancer, and we don’t know what the future holds.
StephenH129
Hello! I’m Stephen, an attorney here to help. I’m sorry to hear about your mother’s condition, and I’ll do my best to guide you. May I ask what state she is in?
We are all from California, but she’s here with me in Texas at MD Anderson.
StephenH129
Thank you for clarifying. In this case, you will need two separate forms:
- A General Durable Power of Attorney for financial decisions
- A Medical Power of Attorney for healthcare decisions
These can be completed and signed with a notary (mobile notaries are available if needed). No attorney is technically required.
You can find the Texas forms here:
- Financial POA: Texas Durable POA
- Medical POA: Texas Medical POA
I did this already. But I have a question—if she’s from California, do the forms need to be from California?
StephenH129
Where will she reside long-term? That determines which state’s forms should be used.
She’ll be returning to California.
StephenH129
Then you should use California forms. Even though you’re currently in Texas, the documents can be executed here but should be California-based if that’s her primary residence.
Here are the California forms:
- General page: California Power of Attorney
- Financial POA: California Durable POA Form
- Medical Directive: California Advanced Health Care Directive
Once completed and notarized or witnessed (as required), these forms do not need to be filed with a court. Just keep the originals accessible.
Thank you. That helps a lot.
StephenH129
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