Would my mom's power of attorney and living will have to be changed if she moves to a different state?

1 answer | Last updated: Mar 11, 2015
A fellow caregiver asked...

My mom lives in Vermont. I want to bring her closer to me to an assisted living facility. My brother has the power of attorney. Would the power of attorney and her living will have to be changed once she moves to Delaware? My brother is OK with this move. We really don't want the expense of changing things.

Expert Answers

Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

First, I must congratulate you and your brother and mother for seeming to pull together over these difficult decisions. Others could learn a lesson from you.

And as a reward, you're all in luck. Durable powers of attorney for healthcare and living wills are generally lumped together in a single document called an advance directive. And Delaware, like most other states, recognizes and honors an advance directive completed in another state. So your mom's Vermont documents will do the same trick once she moves to Delaware.

That written, if your mom does decide she wants to change or amend her documents once she moves, it shouldn't cost a penny. You can download a Delaware advance directive, which includes a spot to designate a power of attorney for healthcare, from the Delaware Department of Health and Social Services .