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almcc's avatar
almcc
Explorer
Feb 09, 2020

"Legal" question for Canadian Snowbirds

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?
  • 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.
  • 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.
  • 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?????

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