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I looked online for a reputable Notary first, when I found one I inquired as to obtaining POA documents. She directed me to a legitimate site to download a POA template, ( this also helped reduce cost) I did so then met at the SNF where my mother was. Together we filled out the paperwork and all was well. My advice is to NOT blindly search and settle on any website as this CAN lead to Sudden Malware and viruses.
As a legal professional, I have seen so many horror stories because people purchase legal documents online. Each state has different requirements and laws. My best advice is to find an attorney with an excellent reputation and have them prepare it, witness and notarize it and record it. There are several different kinds of Power of Attorneys and selecting the incorrect one or not filling it out properly or witnessing it properly will invalidate it.
Also, deeds and wills should be prepared by a law office with excellent credentials. I have seen so many cases where improper deeds, power of attorneys and wills have had the family in litigation for years until there were no assets left in the estate for heirs. All it takes is one word to invalidate the document.
The law office will explain the POA to the signer and also ask questions to make sure the signer seems to understand or is capable of understanding what they are signing. It's easier for a lawyer to defend the signer's mental capacity in court than neighbors or friends who have a vested interest in the signer's assets.
For healthcare the only POA I trust is 5 WISHES which is legally accepted in 42 states and has been translated into 22 languages. There is also a pediatric form. Why I like it? The 1st wish allows you to select 3 individuals and 2 alternates to form a team to aid with your health care issues with you or if you are unable to make the decision. The next wishes relate to how you wish to be treated during your health decision road. The final wish allows you to determine how you wish to have your memorial. The language is very comforting and very legal. There are attorneys who pu-pu the notion of a team making the decisions but it is legal. Aging with Dignity or google 5 Wishes. It is $5.00 for 1 but is definitely worth the investment for your loved one and yourself and family.
Having a POA via an attorney is a a good thing especially if the family dynamics are such that they resent the parent's choice of POA. Happened with my husband and one of his siblings. The attorney was able to talk to her to make sure she could clearly articulate who she wanted as POA and why. With a list of assets, the lawyer was able to provide and customize a POA. It was also notarized where the notary is obligated to make sure she understood the purpose of what she was signing and that she wasn't under duress to sign it. Be aware that banks and investment companies want their own POA forms completed. So in the case of my MIL, she has three separate sets of POA paperwork.
My sibling filled a poa out and my mom has dementia and her poa was supposely witnessed and signed and notorized mom dont ever recall signing one. Isnt the form supposed to be filed with the court and its in texas
For those of us without DPOA - get one ASAP anywhere & however you can. It MUST be notarized or witnessed by a third party. You must sign to accept the Durable Power of Attorney yourself. Understand that without an attorney it will be incomplete, incomplete, incomplete! Your powers will be limited to that which is listed. The DPOA can be updated at a later date by an attorney and properly worded.
OntoaByrd, Check on your State sites, to find a POA form for your State. That might be something like on the State Attorney General Site? OR, find your nearest Area Agency on Aging. I think every County has one or more offices. They usually have free legal volunteers come in at least once a month, who offer 1/2 free consults for senior issues.
I am looking to inquire a POA for my mother ASAP, however it is not in the budget at this time to seek an attorney. What are my other options and if I get an online POA what site has the best for seniors in Va?
Invariably, the online forms differ, sometimes substantively from those required by the location you are in, or for the purpose you want it for. I was faced with a nearly totally blank generic form, once, and had a devil of a time filling it out properly, because there were no examples to follow. Online forms could compromise your case, if they were ever actually put to the test in your location by legal entities.
Here's a PDF brochure from the Alzheimer's Association that describes/discusses legal planning and documents for the care of persons with AD/dementia. It includes discussions on POAs and guardianships. http://www.alz.org/national/documents/brochure_legalplans.pdf
SueNJ1 have you tried to use the paperwork at a Financial Institution? My experience is that utility companies and entities who are not held to high government regulations will often accept the downloadable forms, but if someone has any amount of assets with a financial institution will only accept a POA that is written exactly to the state law. POA laws change as well. In some instances you can use these documents but my experience supports that is is best to involve an attorney.
I purchased a packed of assorted POA forms at Staples. It clearly explained what each form was for. I filled them out with the help of my mom's case manager while my mom was in the hospital, and then my mom signed in (she does not have alzheimers) along with some members of hospital staff and notarized there, after the case manager explained to my mom what she was signing. It our case it has worked well at very little cost.
POA's are also state specific...although many states will accept one from another state without a problem. After being in estate planning for 25 years...have seen some pretty poor documents from attorneys too! It is important to find a qualified attorney to create your document....one that derives most of their income from estate planning. Not an ambulance chacer who does it on the side. Someone who gives counsel and not an order taker.
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By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
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APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
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Power of Attorney: Why Not Buy a Form Online?
Also, deeds and wills should be prepared by a law office with excellent credentials. I have seen so many cases where improper deeds, power of attorneys and wills have had the family in litigation for years until there were no assets left in the estate for heirs. All it takes is one word to invalidate the document.
The law office will explain the POA to the signer and also ask questions to make sure the signer seems to understand or is capable of understanding what they are signing. It's easier for a lawyer to defend the signer's mental capacity in court than neighbors or friends who have a vested interest in the signer's assets.
Why I like it? The 1st wish allows you to select 3 individuals and 2 alternates to form a team to aid with your health care issues with you or if you are unable to make the decision. The next wishes relate to how you wish to be treated during your health decision road. The final wish allows you to determine how you wish to have your memorial.
The language is very comforting and very legal. There are attorneys who pu-pu the notion of a team making the decisions but it is legal.
Aging with Dignity or google 5 Wishes. It is $5.00 for 1 but is definitely worth the investment for your loved one and yourself and family.
Independently wealthy, such as billionaires, please ignore this advice.
:)
Understand that without an attorney it will be incomplete, incomplete, incomplete! Your powers will be limited to that which is listed.
The DPOA can be updated at a later date by an attorney and properly worded.
Check on your State sites, to find a POA form for your State.
That might be something like on the State Attorney General Site?
OR, find your nearest Area Agency on Aging. I think every County has one or more offices. They usually have free legal volunteers come in at least once a month, who offer 1/2 free consults for senior issues.
I was faced with a nearly totally blank generic form, once, and had a devil of a time filling it out properly, because there were no examples to follow.
Online forms could compromise your case, if they were ever actually put to the test in your location by legal entities.
States have their sites where they can be downloaded free, gratis, and for nothing.
Keep your money. You're going to need it.
http://www.alz.org/national/documents/brochure_legalplans.pdf