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My husband is much older than I am. We've been together for over 30 years. It's a second marriage for both of us. He lost his retirement/life savings by "selling" his business to his druggie son years ago. He was recently diagnosed as having "cognitive decline". It was advised by the neurologist that we draw up durable POA. To save money, I am using one online. The problem is that the form says that I can't transfer "his" property to myself. It's half mine-and I've ended up paying for the house myself since he retired within 3 years of building it. I'm concerned about whether it will affect the legality if I strike that part of the document. It would seem that it would be okay, since it should legally go to me at his death anyway. Does anyone here have the experience to know if this would be a problem?

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It is in my humble opinion a great mistake to do these online. Go to a lawyer. Yes, it will cost you a bit but it will be bulletproof. You will find once you try to use your POA that certain entities are very very very picky and if the wording is not perfect they will not deal with you at all. As, by then, your husband will have dementia, it will be too late to change it and you will be stuck with seeking guardianship. That will make any cost you fear now look like peanuts. I was Trustee of Trust and POA for my brother in the last year plus of his life, and I was never so happy to have an iron clad document in my life; they try to put you through hoops and turn you into a pretzel when you go to work on these things. My solid advice is NEVER do a do it yourself POA. See an elder law attorney. This is good use of your money. And no, you cannot play with these documents in any way. No strike outs. Others may tell you that you can DIY on this; if I were you I would run, not walk to an attorney.
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WaltersWife, as others here have mentioned, this is not a do-it-yourself project. All it takes is one missing word or a misplaced word to create a landmind of problems. Plus rules can be different in each State. Don't risk it.
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Creating a POA on line is not equal to having an elder care atty do it for you. Yes, it will cost more, but it will do what you and he both want. It's hard to ask questions when doing an on line document, as you've found out. You will not only need a durable POA, which allows you to make financial decisions for him, but also a healthcare POA which will allow you to make health decisions for him. You should also have them drawn up for yourself.

If your house is titled as JTWROS, there is no need to transfer that asset, you already own it. Joint title means each of you have 100% ownership in the house, not just 50/50. Another reason for an atty. Because of his decline, you need to get those documents done immediately. As he progresses, he will not have the competency to create a POA. The atty can also create quit claim deeds, if necessary.

So don't go the cheap way, see an elder care atty and have it done right. While at the office, you may want to consider a living will to make your and your husband's final wishes known. Good luck.
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I would suggest seeing an eldercare lawyer who can draft the POA for you. You certainly want to be sure that when it is needed, the document will be strong enough to accomplish you needs.
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