Getting POAs without a lawyer—any advice?

I have POA for my mother which was done by a lawyer. I don't recall it being specific to medical versus financial but I guess it must be both because I provide it for medical issues and pay all her bills.

A thought recently came to my mind and this might be an issue that would also provide information to the OP. I am listed on my mother's checking account with POA next to my name under her name. She really cannot write out any checks. I have heard from this site that POA does not exist after death. I was just wondering if anyone could tell me if that would mean I could not write checks after my mother dies. That might be an issue for the OP and perhaps it would be best for the party involved to have their name on an account but avoid the listing of POA after their name.

Just wondering if anyone could provide an answer to this issue.

Oops, just remembered another thing. Remember that the financial POA is just for financial accounts and real estate that are in HER name. If financial accounts are in the name of a trust, her financial POA has no bearing on those accounts as the account holder is the trust and the wording within the trust determines how and who and under what circumstances, can someone else handle the money.

That was a surprise to me, however, when really thinking about it, it made total sense.

I agree with the person who said "go to a Legal Aid society". All states have a lawyer referral service. Unless you are absolutely sure that no one would argue with any decision that the person designated as POA would make, go through a lawyer.

The cost might be minimal compared to the cost of the fighting on whether money was spent correctly and the discussion of whether a certain level of being "sick" has been reached or not.

When my Mom went to the emergency room which ended up as a hospital stay, the hospital had forms for the medical POA ready to be filled out and notarized. When I took a look at their doc, the only difference was that their form had their name on it, so that it would be invalid at a different hospital. Since my Mom already had a medical POA (and POLST), I didn't ask about the cost.

The lawyer that my Mom used to update her will, trust and all the different POAs, interviewed my Mom without us being there. Hence, we did not need a letter of competency. We all reviewed what was written, prior to my Mom signing in front of witnesses (the lawyer was a notary).

Social Security does not honor POAs. Recommend also opening a joint checking account with the same bank that her SS check is deposited so you can handle her finances, pay her bills. You'll need both a financial and medical POA. They can be together in one or separate.

You don't need a lawyer to make a POA. You can get one online, fill it out, then sign it in front of a notary with as many witnesses as might be required in your state.

Check with a local college that has a law school. They may have a pro bono program that students are able to help with documents for no charge. Then get them notarized. Maybe a large law firm too, they often do pro bono work for charity credit.

blur24: As my attorney brother was not yet able to practice law in the state of Massachusetts where I was residing with my mother to provide care for her, I pulled up a PoA document at the local library and used a friend's brick and mortar business where his son was a Notary Public and we had a witness (myself).

Make sure you have a copy or original of the POA once done.
My mother wanted a POA for her children but didn't want us to have it in our hands so she put it in the safe. My fear was always she would go to hospital unconscious and i would have to go to her house before i could go to the hospital with it. Fortunately she was alert and told the hospital i had it but also was able to choose her own care.

Also a POA has many areas to choose from- for just medical, for POA over home and financial affairs. Make sure you check the correct boxes and read the whole form for choices.

Mom did her POA (durable and health) with on-line documents provided by the state, Ohio. It is very easy to fill out. We just had the documents notarized.

Legal Aid Society perhaps?

At 81 and of sound mind I find the advice in response to the original question confusing. In 2006 I prepared with my attorney will, health care directive, POA designations. Then and now my two adult children will share all “powers.”’By now I find are a few changes are needed. They know and agree with my decision to donate my body to the local medical school for example. I’ve purchased a pre-need cremation agreement as well if my body is not accepted by the medical school. My estate is both small and uncontested. I’ve designated them in writing as co-beneficiaries on all accounts to be liquidated when I die. I’ve also designated them as co-POAs for health and finances. Question: what obstacles will they face if I fail to have updated documents signed by witnesses and notarized. We live in MN.

Most states You don’t need a lawyer. Check by Google Durable POA your state. If so It’s pretty simple process. Can complete, print on your own and have two unrelated witnesses sign off (a trusted neighbor or friend-they are witnesses to you signatories nothing more) Also Local senior centers usually provide free notary services to their members and help with all documents.

If you live in NY, the state provides formal form on the state's legal document website for both POA and Heathcare Proxy. Google for the info. I copied and pasted the form in a MS Word. Good luck!

I printed the documents, then had them notarized at the Fed Ex store.

I needed an addendum created to my moms will. I was able to have it notarized by a notary who also supplied the witnesses. I was in another state. I looked on the county website for aged and disabilities, found the notary there. She went to my moms Assisted living.

My personal POA, durable financial POA , and will I did from a website , had them notarized at the bank.

I strongly recommend creating at least 2 or more original copies (ie: 1 original copy for each PoA and 1 for the principle) and definitely checking with your state to see if a notarization is required, and who can be a valid witness, how many you need.

I went online and downloaded the documents. I then had Mom sign them along with two witnesses. I have had no trouble with anyone not accepting them. I am in the state of Texas. Hope this helps. Witnesses are just as good as using a notary. I don't know why people always think you have to use a lawyer for everything. I wrote up my own divorce papers and a judge signed them. I then filed them at the courthouse. People can do so much more than they know! Good luck!

Depending on the state you are in, you may look to see if there are any free or low-cost legal clinics in your area. Many law schools offer clinics as well. It is best to have one done by an attorney to ensure the Power of Attorney gives your mother's agent the ability to do Medicaid planning if she needed it in the future. Without those particular grants of authority, you may end up having to get guardianship which will cost much more.

We used an Arizona State Certified Legal Documents Preparer.

She did Medical Power of Attorney, Financial Power of Atoorney & Wills. All for a few hundred dollars.

Every state should have trained & certified document preparers

We also found the forms online and downloaded the POA; we then had a friend witness the signing and notarize the document. Afterwards we made copies for the bank, doctors, SNF, etc. It was pretty easy to do. Good luck!

Do an online search for POA forms from your state and print out. Just complete and notarize. No fees.

My mom’s bank told me to pick up the forms at an office supply store. They have all kinds of legal forms (who knew?!). We filled the out at home, except for signatures, and went back to the bank for notarizing. The bank put a copy in her file, and we got a copy. This document has been used many times (and accepted) in the past few years since she’s now in assisted living. I think the packet cost less than $20. ten years ago. I would start by asking her bank if they have someone who would come to her.

Join legal shield, get everything done, then quit them as soon as you are done if you want. All under $50. Blessings

The hospital social worker probably has the forms and you can hire a notary that will come to you. You will also need a couple of witnesses which witness and sign. The hospital may be able to help with that.

My family was able to get a free attorney and POA documents done by an attorney at our local Legal Aid Society. Check to see if your city/state has one.

It is a relatively easy process, and you don't need a lawyer. First: Decide who is willing to accept the responsibilities of being designated as POA. Dual, or co-POAs will cause issues as stressful situations present, and opinions differ. You can obtain the document applicable for your state either online or an office supply (staples, office depot) that carries legal documents. Make sure it covers all areas, medical and financial. Select document to be effective date notarized. Have the required number of witnesses and your mother sign document in presence of a Notary who will sign and list their confirmation and authorized seal. Many libraries have a Notary on staff, and there are traveling Notaries that will come to your location. I had one come to the hospital. Hospital staff can't witness but I got a couple visitors in facility to witness. Have several copies made and file original with your county office. The POA should contact social security to have an authorized representative on file, your mother may need to sign a form. Check with your mother's bank as many do not recognize POA. This is all based on your mother being recognized as competent to give consent. Otherwise, you may have to apply to the court system, where someone will be appointed as her legal guardian for medical and financial issues.

where I live you can get “traveling notaries”. They will come to you. You can try that once you get the paperwork.

Our doctor’s office provided a packet that contained POA forms & other fill-in-the-blank healthcare related documents that could be used. I also searched our state’s website and found forms. They were very similar. Neither required a notary, just a witness (recommended two on some forms). There were certain restrictions on who could be a witness though. We filled the forms out at home, took them to church with us and we & our witnesses signed them over coffee. Done. So far, no one has refused to accept any of the forms.

The packet also contained worksheets for obituaries, wills, funeral wishes and information that people would need to know upon death (life insurance policy info, safety deposit box location, etc.)

Hello Blur24.

I can only speak from a UK point of view, but it may be a false economy not using a lawyer.

In the UK we have to apply through a government website for a POA, which has a set fee per application. If your application is rejected, you would have to pay again to do another round. Apparently the pitfalls are many and applications are turned down for the smallest of reasons.

The benefit of having a lawyer is that they have experience to know how to do a watertight POA, and will make sure it would stand up under any challenge or legal scrutiny.

This may not be of much help but you may also see whether you could pay by credit card, giving you longer to pay off the bill.

I've struggled with arrangements for my father who has dementia - because he refused point blank to have a POA and now has no mental capacity - and our lawyer has been worth her weight in gold!

Best of luck getting it sorted.

Our health insurance company has some help with services like this. Also the local university has an eldercare service where you can ask questions and get help. You may want to look at these avenues and ask the social worker. Also your local agency on aging may have some ideas.