TAC2018, without knowing your particular circumstances, it's impossible for me to advise whether you should hire an attorney to create a health care or financial, limited or comprehensive, springing or immediate, POA or DPOA, or to create one yourself using a template, or, instead to seek guardianship and/or conservatorship. If you have or anticipate complexities due to family disharmony, then contacting an elder-law attorney is most likely advisable. That said, perfectly good and usable POAs and DPOAs can be created by reasonably careful laypersons using standard forms available on-line, or at libraries, banks, nursing homes, hospitals, etc. When I did an on-line search for "(xxxxx State) power of attorney form," the following trusted websites from the Idaho Bar Association, the Idaho Legislature, and the Colorado Bar Association were among the many results. I think these sites and others might help you decide what what type of POA authority you need and whether to use the included form, or to modify it for your specific need, or hire an attorney to write one for you (some attorney-written POAs look exactly like the ones shown on these sites). http://www.cobar.org/portals/cobar/repository/SLH/chap23.pdf https://isb.idaho.gov/wp-content/uploads/tax_pwratty2012.pdf https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch12/sect15-12-301/
TAC, it is better to have an "Elder Law Attorney" draw up the Power of Attorney as there are many questions that need to be asked by the attorney before the forms are complete. Plus each State has some things that are different.
I know for my own Power of Attorney, it turned into a 17 page novel as the Attorney was covering everything. At one time I worked in a law office, and even with the knowledge I had back then, I would never draw up my own.
If you try to fill out a Power of Attorney form off the Internet, all it takes is one misplaced word or one missing word to mess up the whole intent of the POA.
Plus the Attorney will ask if the party's Will is current which is important and State laws do change.... does the party have a Medical Directive [I was glad my parent's had one]..... etc.
http://www.cobar.org/portals/cobar/repository/SLH/chap23.pdf
https://isb.idaho.gov/wp-content/uploads/tax_pwratty2012.pdf
https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch12/sect15-12-301/
I know for my own Power of Attorney, it turned into a 17 page novel as the Attorney was covering everything. At one time I worked in a law office, and even with the knowledge I had back then, I would never draw up my own.
If you try to fill out a Power of Attorney form off the Internet, all it takes is one misplaced word or one missing word to mess up the whole intent of the POA.
Plus the Attorney will ask if the party's Will is current which is important and State laws do change.... does the party have a Medical Directive [I was glad my parent's had one]..... etc.