Legal Question in Wills and Trusts in Alabama
Power of Attorney
Is a Louisiana power of attorney good in the state of Alabama. My Father lives in Ala. with my oldest sister. My oldest sister and myself (the son) are thinking he needs to be in a nursing home. My younger sister in Texas claims to have La. power of attorney over my Father. Question: Can my younger sister keep me and my oldest sister from having him admitted to a nursing home or retirement home.
1 Answer from Attorneys
Re: Power of Attorney
First, if your sister has a power of attorney, then she should be able to send you a copy in order to prove it. If will not prove it, then you should not assume that she is telling the truth.
A power of attorney is limited to the authority that it gives to the "attorney". It does not replace the authority that others have by their own right. You and your older sister have rights as family of your father. Do what you consider proper.
You may have to file suit to make one of you, probably older sister, the administrator of his property in Alabama. Every state has laws and proceedures for the administration of the estates of persons who cannot manage their own affairs.
All of this having been said, a power of attorney can (if properly written and executed) be lawful in any state.