Do I need an attorney to get Durable Power of Attorney?

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I need a Durable Power of Attorney. Does this have to be prepared by an attorney or can the form be found on line?

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Expert Answer
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You can find them online, fill them out and have them notorized, but you are safer in a court of law, should something come up to challenge the document, if you have it drawn up by an attorney.
take a look at a website called "Legacy Writers." I used it and thought they were very professional. The directions were easy and they have up-to-date forms for each state (very important). Also print off several will need "official copies" for each doctor and financial institution. Some forms need to be witnessed and/or notarized (which I had done at my bank.) Most attorneys just print off forms from these sites and charge you a lot for doing what you can do.
If you do not feel comfortable doing your own, find an attorney that specializes in elder law, estate planning, etc. good luck
The writer above fails to mention that Legacy Writer is NOT a free service.
momjae, you are good, you have what you need
thurmandad, start by having Dad sign a Health Care Proxy at his next doctor visit. Keep the original. Start keeping a file of all his financial stuff.
tamerack, take Mom to the bank and report the fraudulent activity so they can investigate.
blprest, ask the Nursing Home who the Health Care Proxy is. If they resist, ask for their Ombudsman. If they refuse, file a complaint with the Joint Commission.
blprest...It is not enough because various documents like POA, living wills, care directives,etc...have to be signed by the person when they are of "sound mind". From what you have written, sounds as though your other is beyond that. Now you would have to go thru the courts. See an attorney.
Why not have a banker or attorney come to the house to get the document done, helpless2015? Our attorney came to the house, made sure my husband understood the documents he was signing, and he never had to leave the house. Your mom has absolutely nothing to say about his appointment of POA. She signs nothing. That would be true even if she didn't have dementia. Ideally arrange this while she is out of the house. If she must be there, explain the situation to the lawyer beforehand.
My son has the POA for health care and now that my spouse with ALZ is in assisted living I have been frustrated with ambulance service, transport etc. not accepting my checks which actually have both our names on them. They are asking me for my financial POA which should not be necessary at this time. I have been paying the bills for years why should I need that now?
Reading all of the messages here almost drives me crazy and to a bottle and I don't drink. Why is there so much confusion. Even when you are doing the right thing, legally, something seems to go wrong. It's like your income taxes. Too complicated. Just make it all simple and straight forward. It all boils down to greed. Too much of it in the world. I'd rather be a dog than a human being. All a dog has to worry about is if their owner is going to feed them.
Can two doctors sign letters saying a patient is incapable of taking care of her health and finances to be named durable power of attorney?
My dad's attorney prepared the POA for me. Before I could be added to my dad's bank accounts, their legal department had to review the ORIGINAL POA. I don't know what Legacy Rider is or if it is accepted by financial institutions. Check out legal aid in your city, they may provide free legal services. Good luck!

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