Follow Up From Power of Attorney Article in E-newsletter

A while back I prepared durable powers of attorney and other estate planning documents for a nice couple. The husband emailed me and said he had gone to take care of some Social Security issues for his ailing wife at the local Social Security office. He brought along her power of attorney.

Even though the power of attorney was effective immediately, the Social Security office told him he needed to go get doctor's written statements that she was incapacitated. Also, they said they would not honor the power of attorney because it did not expressly give him the right to handle Social Security issues for her.

I emailed him back and told him that Social Security's position had no basis in Louisiana power of attorney law. Nonetheless we've just added language to our durable powers of attorney form so that in the future, the Agent will expressly be permitted to handle Social Security issues. 

Comments

[Mark Crawford]

Does Texas accept as a valid a Louisiana Power of Attorney that's created and executed under Louisiana law?

[Paul Rabalais]

It should be honored. Although if Texas law requires that certain powers be expressly provided for in the power of attorney, and those express powers are not designated in the Louisiana power of attorney, it may not be honored.

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Nonetheless we've just added language to our durable powers of attorney form so that in the future, the Agent will expressly be permitted to handle Social Security issues.

[Minnesota Attorney]

I thought all the while that bringing along the power of attorney to transact any business in behalf of ailing spouse is alright,what state don't permit this kind of transactions, may I ask.