Does my parent need a new will moving to a new state?

[Live Free]

My parent is almost 90 yo and has memory issues that are rapidly getting worse (Dementia according to the doctor). I want to move my parent from Florida to be closer to me in Georgia so I can offer care/oversight of care as their ability to live alone, even with some hired help, isn't working anymore. I am currently my parent's medical and financial POA and, when the time comes, Executor of the Will. I am an only surviving child as well, so no other siblings left to help out with care.

Are my parent's POAs and Will, prepared and notarized, etc. in Florida many years ago going to work here in Georgia? I don't think my parent is mentally capable now of re-doing all this paperwork again. I want to make sure that I can legally sign onto assisted living arrangements , medical care, LTC, for my parent here in Atlanta going forward now that my parent isn't really able to do this for themselves.

 

[PaunchyPirate]

In theory, the older documents are still valid when the resident moves to a new state. But if you Google this topic, they almost always say something like "usually" or "typically" accepted after a move. The new state may have some different laws on estate management that would mean the will or other documents would have been best written in another way. However, there may be some instances where you run into glitches that have to be worked through. If your parent isn't in any condition to go thru the process to update them, you don't really have much of a choice to to proceed forward and hope for the best.

 

[MarieIG]

A will which is valid in one state should be recognized in another.

The POAs tend to be more dicey, but with regard to medical care, the providers do tend to look to family when the patient cannot make his/ her own decisions.

My parents did not have health care proxies but the hospitals looked to me for medical decisions. (You may wish to schedule a consultation with a Florida Georgia elder care attorney.)

Edit - changed to Georgia. I read quickly and thought you wanted to take her to Florida not from Florida.

 

[Kings over Queens]

A quick consult with an elder lawyer in GA where your mom will be living to see if her documents will be valid should be your next call. Putting a different spin on it, a challenge to the documents and/or decisions is less likely to happen given the circumstances. The LTC facility doesn't really care as long as they are getting paid and doctors rely on next of kin for decisions. With no siblings or spouse to create confusion or question decisions, probably not a big deal.

 

[FlaMariner]

The way I have understood this.....

The will is valid in any state as long as it followed the laws of the state in which it was written/executed (Florida).

It is important to make sure the will follows the laws of the new state of resident (Georgia).

I would consult with a Georgia attorney for guidance.

 

[Koolau]

How does one invalidate a will in another state?

 

[Sunset]

My parent is almost 90 yo and has memory issues that are rapidly getting worse (Dementia according to the doctor). I want to move my parent from Florida to be closer to me in Georgia so I can offer care/oversight of care as their ability to live alone, even with some hired help, isn't working anymore. I am currently my parent's medical and financial POA and, when the time comes, Executor of the Will. I am an only surviving child as well, so no other siblings left to help out with care.

Are my parent's POAs and Will, prepared and notarized, etc. in Florida many years ago going to work here in Georgia? I don't think my parent is mentally capable now of re-doing all this paperwork again. I want to make sure that I can legally sign onto assisted living arrangements , medical care, LTC, for my parent here in Atlanta going forward now that my parent isn't really able to do this for themselves.

Be sure to get TOD/POD set up on as many accounts as possible.

While I doubt there would be any contesting of the Will since you are the only surviving child, it never hurts to nail down as much inheritance as possible via TOD/POD and take it out of the Will disposition.

 

[OldShooter]

A quick consult with an elder lawyer in GA where your mom will be living to see if her documents will be valid should be your next call. ...

This. SGOTI is not a reliable source for legal advice.

 

[MarieIG]

How does one invalidate a will in another state?

One could, for example, properly execute a legally, binding new will. However, in this case OP mentioned a dementia issue which potentially makes capacity . . . problematic.

 

[pb4uski]

My aunt has cognitive issues but has signed a trust, will, trust amendment and other legal documents over the last 14 months. The lawyer says that as long as she understands what she is signing when she signs it, then all is good. They are very careful to explain to her what she is signing and all before having her sign.

 

[isisdave]

Review the docs to make sure they reflect what is currently desired, as things may have changed since "many years ago," for example beneficiaries who are no longer alive, etc. Then ask GA attorney to review. I'd guess the will is OK especially considering the circumstances, but many states have their own statutory forms for medical decisions, POA, and whatever, and your local medical people, and banks, may insist on those.

 

[meleana]

We moved 6 years ago and redid everything. And in fact just a year ago our state passed a law allowing TOD’s on homes so we had to go back to the atty for her to draw that up since we did not have (or need) a trust.

I would definitively go over everything with an atty in your state.

 

[UncleDave]

My parent is almost 90 yo and has memory issues that are rapidly getting worse (Dementia according to the doctor). I want to move my parent from Florida to be closer to me in Georgia so I can offer care/oversight of care as their ability to live alone, even with some hired help, isn't working anymore. I am currently my parent's medical and financial POA and, when the time comes, Executor of the Will. I am an only surviving child as well, so no other siblings left to help out with care.

Are my parent's POAs and Will, prepared and notarized, etc. in Florida many years ago going to work here in Georgia? I don't think my parent is mentally capable now of re-doing all this paperwork again. I want to make sure that I can legally sign onto assisted living arrangements , medical care, LTC, for my parent here in Atlanta going forward now that my parent isn't really able to do this for themselves.

We moved recently from Atlanta area to southern Alabama. Just had all our documents redone. When in Georgia we used Hurley Elder Care, now located in Vinings. Worth checking with them to ensure nuances of Florida estate law won’t cause you issues. Rules about advance directives and property in trust can all vary pretty wildly. Best wishes as you handle your parents care.