Legal papers done in Texas legal in Indiana?
My 80 yr old mother had power of attorney, guardianship, living will, etc drawn up in Texas in 1999. She now resides in Indiana. Are these forms legal here or do they need to be redone?
Thank you for your assistance.
Re: Legal papers done in Texas legal in Indiana?
At the outset, some clariication is required. One does not have a guardianship “drawn up” as they would the other legal documents you mention all of which require that your mother be legally “competent” (loosely speaking, “of sound mind”). A guardianship on the other hand is usualy brought by a family member precisely becauuse it is alleged that Mom is NOT legally competent and is a proceeding in Court to determine that issue and if the Judge agrees, he/she will apoint some fit person as guardian to make all decisions for Mom and take care of her and her assets as if she were a child.
If that term was used incorrectly and Mom is fine mentally, the general rule about legal documents is that if they were drawn up and legally signed under the laws of the state of her domicile at the time, other states are supposed to honor them but there can be significant exceptions such as if real estate in the new state is acquired and the Power of Attorney from the old state doesnt meet the new state’s laws. Also, if Mom makes the new state her domicile, there may be things in her Will that were legal in the old state but not the new one raising the possibility of a legal battle among famly members to see which one prevails.
It is well worth it to pay for a consultation with a Probate or Elder law attorney to make sure and to revise any documents that may require it.
Dale Lundquist
(Solo)
488 Glassboro Road P.O. Box 104
Woodbury Heights, NJ 08097