It really isn't that "hard", but you do need to understand your State's Laws (sometimes you will actually know more once you've researched than an attorney), A doctor WILL NEED TO TEST HER cognitive skills during various times of the day, this is for "sundowners" possibilities. An attorney can talk with her, but they are an Attorney not a medical dr. To get a Medical POA you're still looking at the same standards. IF Mom is judged NOT ABLE TO UNDERSTAND, she cannot legally sign any legal document, binding contract and many other things. That's when you'll need to find a good Elder Law attorney. Just remember, they may do elder law, but that doesn't mean the understand elder law. Research the attorney records, complaints to the Bar. Treat this like you're looking for a new doctor. There are notaries who work for elder law attorneys and have their own business to help you get the proper documents, help you file with the courts etc. That's what I did before I had to hire my attorneys. I got everything done on my own with this notary, represented myself against 2 attorneys/Judge and I won. It cost me about $2.000 to do this and I had to hire the attorneys only because my ugly step-siblings want to get their grubby hands on my Mother's sole/separate money. They haven't paid a dime toward any of the Community Debt or owed income taxes, I've paid everything from Mom's Trust. My ugly step-siblings owe Mom's Trust just under $100.000 right now! Very long epic, but reason for attorneys. They don't like the "community" laws of the State so they're not going to pay. They'll pay when they realize the State/Federal laws they've broken, so pay or I'll press charges.
Gmanona, may I ask is your Mom has Alzheimer's or Dementia, and if yes, at what stage? This is extremely important when it comes to preparing a Power of Attorney.
My parents had their Power of Attorney prepared by an Elder Law Attorney, it was 19 pages long, thus it covered a lot of important facts, such as home ownership, etc.
Legal documents are not do-it-yourself projects. All it takes is one missing word or one misplace word to create a lot of havoc.
You don’t need a lawyer. You can get the documents from legalzoom.com you will need 2 witness signatures and possibility a notary depending on your state. Your state’s attorney general website may have the forms also. Again no attorney is necessary.
Actually, you don't need to pay big attorney fees. Usually there are folks that can help you navigate this through your county or state council on aging. Or check with a local senior resource center for names of people that can help. You can obtain the documents and as long as she signs them in front of a notary and they can witness she is of sound mind and not under duress it's not as difficult as everyone says. You should try to get her to agree to durable and medical POA if she has no other relatives to assist. It will be much easier in the long run when you have to deal with her finances. If she doesn't agree to both, at least get medical POA so you can talk to doctors and fully understand her care needs. Getting POA is the first, most critical step in caregiving. Best of luck!
POA is conferred by a person on you. That is to say your mother ASKS YOU if you would be willing to be her POA. She has to be within her right mind. I would do this with a Lawyer so as to make it very solid for the future. The Lawyer will speak with her with no one else there, assess whether she understands the powers she is conferring on you. She can also take the POA away at any second. You do not say why you need/want/wish to have this POA. If your Mother has dementia it is too late to do a POA. In that case you definitely need an attorney as you would require guardianship which would be through a court action. Let us know more details if you are able as they make a difference. If you go to the forum and plumb past posts about POA you will learn a lot.
A doctor WILL NEED TO TEST HER cognitive skills during various times of the day, this is for "sundowners" possibilities. An attorney can talk with her, but they are an Attorney not a medical dr.
To get a Medical POA you're still looking at the same standards. IF Mom is judged NOT ABLE TO UNDERSTAND, she cannot legally sign any legal document, binding contract and many other things. That's when you'll need to find a good Elder Law attorney. Just remember, they may do elder law, but that doesn't mean the understand elder law. Research the attorney records, complaints to the Bar. Treat this like you're looking for a new doctor.
There are notaries who work for elder law attorneys and have their own business to help you get the proper documents, help you file with the courts etc. That's what I did before I had to hire my attorneys. I got everything done on my own with this notary, represented myself against 2 attorneys/Judge and I won. It cost me about $2.000 to do this and I had to hire the attorneys only because my ugly step-siblings want to get their grubby hands on my Mother's sole/separate money. They haven't paid a dime toward any of the Community Debt or owed income taxes, I've paid everything from Mom's Trust. My ugly step-siblings owe Mom's Trust just under $100.000 right now! Very long epic, but reason for attorneys. They don't like the "community" laws of the State so they're not going to pay. They'll pay when they realize the State/Federal laws they've broken, so pay or I'll press charges.
My parents had their Power of Attorney prepared by an Elder Law Attorney, it was 19 pages long, thus it covered a lot of important facts, such as home ownership, etc.
Legal documents are not do-it-yourself projects. All it takes is one missing word or one misplace word to create a lot of havoc.
you will need 2 witness signatures and possibility a notary depending on your state. Your state’s attorney general website may have the forms also. Again no attorney is necessary.
You do not say why you need/want/wish to have this POA.
If your Mother has dementia it is too late to do a POA. In that case you definitely need an attorney as you would require guardianship which would be through a court action.
Let us know more details if you are able as they make a difference. If you go to the forum and plumb past posts about POA you will learn a lot.