A general durable power of attorney (GDPOA) and a medical power of attorney (MedPOA) are two of the most important estate planning documents you can have, but in some instances they may be useless if they don't comply with the federal privacy law.
While you should not need a separate will or trust for a second state, your power of attorney and health care proxy may be a different story. Financial and health care institutions are used to the documents used in their states and may refuse to honor out-of-state documents. In the case of health care proxies, other states may use different terms for the document, such as “durable power of attorney for health care” or “advance directive.” (And the people reviewing your power of attorney or health care proxy may not be well versed in constitutional law.)
Unmarried couples need health care documents and Powers of Attorney in order to care for each other in the event of incapicity.
In a recent Florida case, Bank of America rebuffed an agent's request that funds be withdrawn from the principal's account. The agent fought back in court and just won a $64,000 judgment against the bank.
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