I am looking for something that can be done without the need of an attorney. I think if the forms are created with simple questions and examples, anyone can do it in an emergency. I think it would be it better than nothing. Thank you.
As you are tyring to get these documents for someone who already has been diagnosed with dementia, any documents you prepare at home will not likely stand up to scrutiny.
Even ones prepared by a lawyer could be held in question, depending on the degree of dementia and the ability of your friend to recognize what they are signing.
My step dad was able to update his Will and POA documents when he was newly diagnosed with dementia, as he still understood what he was signing and why.
Daya123, I forgot to mention that Legalzoom.com and Rocketlawyer.com do have lawyers that review the paperwork and answer questions. They reviewed my mom's and my MIL's PoA paperwork and we've used them at their banks, when talking to agents at TDAmeriTrade, at her doctor's office, etc. I've had no problem.
"I am caring for my friend, living at home with age-related decline, alzheimer's / dementia, anxiety, arthritis, depression, diabetes, hearing loss, incontinence, mobility problems, osteoporosis, sleep disorder, urinary tract infection, and vision problems. "
With your friend's dementia, depression, hearing loss and vision problems, you're taking a bigger chance of playing attorney, and if there are any family members, you're also positioning yourself for accusations of self-interest.
How, e.g., will you prove that your friend can hear what your tell him/her, and that she is able to read and comprehend the documents?
I can't emphasize strongly enough that attempting to navigate any legal issue is like playing with fire. Attorneys don't spend another 3 years after college, start at the bottom of the firm's attorney level, spend years learning, and attend continuing education classes for nothing.
There may be some people who have an innate sense of law and could TRY to navigate the legal field, but they lack the qualifications as well as the benefit of interface and interaction with attorneys. (At one of the firms for which I worked, monthly lunches were held for attorneys and paralegals on specific aspects of law, and recent case decisions as well as relevant issues were discussed.)
In addition, hard copy advance sheets (releases of recent case decisions at different court levels up to the SCOTUS level) were circulated throughout the firm. Attorneys and paralegals were expected to read those as related to their practice areas.
Legal forms are NOT CREATED with "simple questions and examples." May I suggest that you spend some time reading legal opinions and legal advice first?
This is a good place to start; I've relied on FindLaw for decades.
https://www.findlaw.com/estate.html
And if you're still insistent on not hiring an attorney, read the "Most Recent" section. But be prepared to face consequences; no one w/o legal experience, and specifically in the estate planning fields, can comprehend all the problems that could occur.
Do NOT do POA without an attorney. Banks can be true sticklers. The fact it is notarized means ZERO. That doesn't mean the elder was assessed as being competent enough to do this work. If it is done without a lawyer and THEN the elder is too old or too incompetent to do it, it is too late. There are some things that should not be left to chance. A well written POA that is done by a lawyer has written language that it is actually unlawful to not follow directives of the POA. You do not want legal documents questioned. ALL the money will go to lawyer if that's the case. If the elder concerned doesn't have the money to pay for a lawyer for important documentation then there is not enough money to worry about, but the truth is that if this is done without a lawyer, you may end with no rights over anything, and with it being too late to change that.
You can find the appropriate forms for your friend's state of residence at Legalzoom.com and Rocketlawyer.com. Please know that they do need to be legally signed in the way that is required for her state. In my state it required each participant to have their own original copy (one for, one for my mom) and it had to be signed in front of a notary and with 2 non-family witnesses. It is very reasonably priced and you will need a printer. However, I don't know if the notary can refuse to sign because your friend's level of cognition leaves her unable to understand what she is doing. I don't have experience with this. Also, banks will not just accept an legally executed PoA, they will require you both to come in physically with 2 forms of ID as well. I just went through this with my aunts in FL. One aunt is 99 with advanced dementia and not mobile on her own and the other is 102 and can barely walk. No exceptions, I was told. It may vary by bank. This one was PNC.
If your friend cannot establish a legal PoA then you will need to contact APS and report her as a vulnerable adult in an emergency or call social services to discuss her situation with a social worker. They will move to get guardianship for her and then they will manage all her affairs going forward, even transitioning her into a care facility.
DNR, my State now wants a more detailed form filled out. I had to have one filled out at each facility she was in with their doctor signing it.
Even ones prepared by a lawyer could be held in question, depending on the degree of dementia and the ability of your friend to recognize what they are signing.
My step dad was able to update his Will and POA documents when he was newly diagnosed with dementia, as he still understood what he was signing and why.
"I am caring for my friend, living at home with age-related decline, alzheimer's / dementia, anxiety, arthritis, depression, diabetes, hearing loss, incontinence, mobility problems, osteoporosis, sleep disorder, urinary tract infection, and vision problems. "
With your friend's dementia, depression, hearing loss and vision problems, you're taking a bigger chance of playing attorney, and if there are any family members, you're also positioning yourself for accusations of self-interest.
How, e.g., will you prove that your friend can hear what your tell him/her, and that she is able to read and comprehend the documents?
There may be some people who have an innate sense of law and could TRY to navigate the legal field, but they lack the qualifications as well as the benefit of interface and interaction with attorneys. (At one of the firms for which I worked, monthly lunches were held for attorneys and paralegals on specific aspects of law, and recent case decisions as well as relevant issues were discussed.)
In addition, hard copy advance sheets (releases of recent case decisions at different court levels up to the SCOTUS level) were circulated throughout the firm. Attorneys and paralegals were expected to read those as related to their practice areas.
Legal forms are NOT CREATED with "simple questions and examples." May I suggest that you spend some time reading legal opinions and legal advice first?
This is a good place to start; I've relied on FindLaw for decades.
https://www.findlaw.com/estate.html
And if you're still insistent on not hiring an attorney, read the "Most Recent" section. But be prepared to face consequences; no one w/o legal experience, and specifically in the estate planning fields, can comprehend all the problems that could occur.
If your friend cannot establish a legal PoA then you will need to contact APS and report her as a vulnerable adult in an emergency or call social services to discuss her situation with a social worker. They will move to get guardianship for her and then they will manage all her affairs going forward, even transitioning her into a care facility.