You'd need separate POAs for financial decisions and for medical. Sometimes the POA for health is called a health directive and that includes a living will (what someone would want under circumstances where they can't speak for themselves.) It's also good to have a last will for your property. While you can get these documents online and have them notarized after you've filled them out, if there is any chance there would be disagreement among siblings or others, it's better to have an elder law or estate attorney draw up and witness the documents. It's more expensive but is better if the documents are challenged. Good luck, Carol
Thanks....OK we already have a Living Will/Health Directive, and also years ago had an attorney draw up a last will for property etc (Beneficiary deed & a beneficiary bill of sale). We recently made sure that was all current. Now I need a POA for decisions that my husband doesn't want to be bothered with. (And we are trying to save a lawyers fee) He is in the beginning stages of dementia. So I'm wondering what kind of POA I would need for that? And would it interfere with what we already have? (As mentioned above).
You need a "durable general power of attorney" and they may call it different things in different states. This would be your document for financial and life decisions other than healthcare. POA only good as long as the person is alive. Check Nolo online.
You may already have joint accounts at the bank? Be aware that banks typically have their own regulations when it comes to existing accounts. To open new accounts, some banks will let you use your POA and some want, just so you know to check I had. For existing accounts, you have to add yours name to the signature card along with your husband's also signing the signature card, they may prefer to see him in person or they may be agreeable if the signatures match.
I did find out about creating Durable POA forms online. Surprise! At the end it is not free! They all want your credit card information and you have 3 options to choose from and they all come with a price. The laugh is on me, because I'm old enough to know that nothing is free! LOL
Well, "creating" is there service. I used to be able to copy and paste the blank information into a Word document and edit it to my needs. Did you try that? Could you actually see the document or did they just ask you questions? They may have changed how they do it to prevent how I did it. If you can see the document but it blocks you from copying, you could still type it out yourself.
I feel like I led you on a wild goose chase. Oops, so sorry, last thing you need is more work. Try this - put in Google (your state matters too):
general durable power of attorney (your state) free online
- and see what comes up. Some stationery stores used to carry a flexible form you could fill in, but that was in the days of stationery stores. I don't know what the big box office supply stores carry these days.
Let me know your progress if you have time. I have a friend who's a legal secretary. She once gave me a website that you may be able to access but I didn't save it and she is unavailable until next week. See what you can find out on your own, then we'll go from there.
The only blank docs they had....had "sample" (or something like that) written across them..... on every site that I went to. It is not a complete form. You can't actually see the doc you are trying to create....just ans the questions. I already tried the Google thing for my state of MO, and the sites that come up was the ones that I already tried. I wish I could find a place like a starionery store, but I think they are a thing of the past. appreciate your interest and help!
A Durable POA is a pretty standard document across states. I have one that I could type up for you, leaving blanks for personal info. It will need to be notarized/witnessed when your husband signs it. There are two types - a standard DPOA which takes effect immediately and a "springing DPOA" which only takes effect when your LO is legally declared (by two MDs) to be incapacitated or incompetent. You probably want a standard DPOA.
My expert legal secretary friend is back early! She tells me the blank forms they used to use before computer days we're Walcott Forms. So I went online and found "TheEasyForms" ... It is a 3w internet ... and a dot com company.
There's a list of all the Walcott Forms, go near the very bottom of the page and pick General Power if Attorney. It will ask you your state and county, I put in Missouri then Madison, and it came up with an instant download for $9.97 which I'm sure you can handle. You don't even have to find a stationary store or drive to get the form! Remember though, you have to get your husband signature notarized. How's that!?
Thanks! If I understand what I'm reading, it looks like I need a standard DPOA. One that covers the financial end and decisions that he doesn't want to deal with.
I don't think you want the durable power of attorney. I went back to the site and read it and it says that one takes a fact in the event of incapacitation, so no. You I want to be able to do things now that your husband doesn't want to do, right?
So you want the general power of attorney that takes effect upon be notarized. I hope you didn't already pay to download the durable version?
CANCEL - CANCEL - CANCEL --- I was in error on that last post, read here:
I went back and read more information and it left me confused because the ones I've always seen were called general durable power of attorney.
SO I went to an elder care website and read in detail. You do in fact want the durable power of attorney. The general power of attorney expires: if the person becomes incapacitated. I guess that's why when attorneys make them up, they don't just called in general and they don't just called and durable, they called in general durable, but unfortunately that's not available on the forms site, so you were corrected the durable is the right one.
Yes that is what we want. and no I didn't download. I didn't, because I did not understand some of the terms they used in their explanation. This is all new to me. Thanks for your concern!!! Much appreciated!!
I agree that a Durable Power of Attorney is the way to go. We did this with my FIL. I forget where I found it exactly, but it was on some hospital's website. If you keep looking, I'm sure you can find the downloadable, free version. Then you fill it out and have it signed in front of a notary. We've never had any trouble getting people to accept it.
anniel - I'm sorry that other option didn't work for you, so I ran across something else. If you google "total legal free power of attorney" your first choice should be a dot com company called total legal. It looks like another still in service but they say the durable power of attorney is free in August (be prepared for them to try to sell you something else, however, I'm sure) ... hope this works for you.
Good luck,
Carol
Now I need a POA for decisions that my husband doesn't want to be bothered with. (And we are trying to save a lawyers fee) He is in the beginning stages of dementia. So I'm wondering what kind of POA I would need for that? And would it interfere with what we already have? (As mentioned above).
You may already have joint accounts at the bank? Be aware that banks typically have their own regulations when it comes to existing accounts. To open new accounts, some banks will let you use your POA and some want, just so you know to check I had. For existing accounts, you have to add yours name to the signature card along with your husband's also signing the signature card, they may prefer to see him in person or they may be agreeable if the signatures match.
I feel like I led you on a wild goose chase. Oops, so sorry, last thing you need is more work. Try this - put in Google (your state matters too):
general durable power of attorney (your state) free online
- and see what comes up. Some stationery stores used to carry a flexible form you could fill in, but that was in the days of stationery stores. I don't know what the big box office supply stores carry these days.
Let me know your progress if you have time. I have a friend who's a legal secretary. She once gave me a website that you may be able to access but I didn't save it and she is unavailable until next week. See what you can find out on your own, then we'll go from there.
Mary
There's a list of all the Walcott Forms, go near the very bottom of the page and pick General Power if Attorney. It will ask you your state and county, I put in Missouri then Madison, and it came up with an instant download for $9.97 which I'm sure you can handle. You don't even have to find a stationary store or drive to get the form! Remember though, you have to get your husband signature notarized. How's that!?
One that covers the financial end and decisions that he doesn't want to deal with.
I don't think you want the durable power of attorney. I went back to the site and read it and it says that one takes a fact in the event of incapacitation, so no. You I want to be able to do things now that your husband doesn't want to do, right?
So you want the general power of attorney that takes effect upon be notarized. I hope you didn't already pay to download the durable version?
I went back and read more information and it left me confused because the ones I've always seen were called general durable power of attorney.
SO I went to an elder care website and read in detail. You do in fact want the durable power of attorney. The general power of attorney expires: if the person becomes incapacitated. I guess that's why when attorneys make them up, they don't just called in general and they don't just called and durable, they called in general durable, but unfortunately that's not available on the forms site, so you were corrected the durable is the right one.
another FILL IN service