Illinois should accept your Texas durable power of attorney pursuant to the Full Faith and Credit clause of the U.S. Constitution. But, of course, “should” and reality aren’t always the same. Sometimes institutions only accept documents with which they are familiar, which can mean only durable powers of attorney from their state. I’d move along using the durable power of attorney, but if you run into insurmountable hurdles you may need to seek guardianship or conservatorship for your mother.
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.
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