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Power of Attorney
My Grandmother is in a facility in Virginia and the Agent under her POA has moved to Texas.

My Grandmother is in a facility in Virginia and the Agent under her POA has moved to Texas.

Q: What does it mean to be a ward of the state for the elderly?

Being a ward of the state for the elderly means that the state has assumed responsibility for an elderly person's care, usually because they are unable to make decisions due to mental or physical incapacity. This can involve appointing a guardian to make decisions about their health care, living arrangements, and finances.

Q: What happens to the body when a ward of the state dies?

When a ward of the state dies, the state typically handles the arrangements for the body, including burial or cremation. The state may also manage the deceased's estate if there are no family members to take responsibility. Local laws will dictate the specific procedures followed in such cases.

Q: Can one parent give power of attorney?

Yes, one parent can give power of attorney to another parent or to a third party. This legal document allows the designated person to make decisions on behalf of the parent granting the authority. It is important that the parent granting power of attorney is competent and understands the implications of the decision.

Q: What does it mean to be a ward of the state in Virginia?

In Virginia, being a ward of the state means that the state has taken legal custody of an individual who cannot care for themselves, often due to incapacity or absence of family support. The state will appoint a guardian to make decisions regarding the ward's health care and finances.

Q: What rights does a ward of the state have?

A ward of the state retains certain rights, including the right to receive proper care, to be treated with dignity and respect, and to have their preferences considered in decisions about their care. However, their legal capacity to make decisions may be limited, depending on the guardianship arrangement.

Full question:

We live in Alabama, my Grandmother / the ward, is in a facility in Virginia. My uncle has/had legal custody/power of attorney. He has moved to Texas and has left her in Virginia? ? I would like to get her transferred to a facility in Alabama, where she lived, and will be buried at, how can I get the athourity to get her transfered legally?

Category: Power of Attorney
Date: 04/07/2025
State: Virginia

Answer:

You would want to find out if the Uncle has abandoned his position under the Power of Attorney. if not, the Uncle may be able to authorize you to take her to Alabama where you could file for Guardianship if needed, or if she is competent she could execute a Power of Attorney for you to be the agent.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens when someone becomes a ward of the state?

When someone becomes a ward of the state, the state takes legal responsibility for their care and well-being. This typically occurs when an individual cannot make decisions for themselves due to incapacity or lack of family support. The state may appoint a guardian to manage their affairs, including medical and financial decisions.

What does it mean to be a ward of the state for the elderly?

What happens to the body when a ward of the state dies?

Can one parent give power of attorney?

What does it mean to be a ward of the state in Virginia?

What rights does a ward of the state have?

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