Question:

Can a guardian or conservator live in a different state from the protected person? What about an agent under a durable power of attorney or health care proxy or the trustee of a special needs trust?

Response:

All of these appointments can be to people out of the state or even out of the country. Residence has no bearing on anyone’s legal ability to serve in these roles. However, it can affect their practical ability to carry out their roles, making it more difficult, for instance, to meet with doctors, monitor care, and go to banks and financial institutions to set up accounts. These are considerations that attorneys and their clients should take into account when choosing who to designate on estate planning documents. And courts will take them into account if there’s a dispute between people seeking to be appointed as guardian or conservator.

 

Related Articles:

Should You Use an On-Line Power of Attorney Form? Yes and No

Does Being an Agent under a Power of Attorney Mean You’re Taking on Financial Responsibility?

What Choices Do I Have with My Durable Power of Attorney?

What if My Bank Won’t Accept My Power of Attorney?

Shouldn’t My Durable Power of Attorney Take Effect Only When I Become Incapacitated?