Getting POAs without a lawyer—any advice?

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Getting POAs without a lawyer—any advice?

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Mom is declining fast and we need to do this while she still is cognitively able. We cannot afford a lawyer. I know it is the best way, but the fact is we do not have the money. If someone knows of very lost cost avenues to obtain one, please share. Otherwise, we are looking at getting notarized forms but my mom is in hospital at the moment and will most likely go back to a rehab facility until hopefully she is well enough to move back with family.
How difficult is getting a POA done when someone is in care without a lawyer?
Does anyone know if a witnesses can be present remotely?
Is it challenging to get a letter of competency?
Thanks.

Cognitive Decline Elder Law Forms & Documents Power of Attorney (POA)

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I expect that the requirements vary by state, so, as always, if you want legal advice you can rely on, consult an appropriate attorney.

You can get a NOLO Press book from your local library and help your Mom do a "do it yourself" POA, then have a mobile notary com to your Mom for the signing.

I am not familiar with letters of competency, but you could ask your Mom's doctor(s) if they are.

You could also ask the hospital social worker(s) if they have any suggestions about the POA. If anyone knows if there is a lawyer that does reasonably priced "house calls" for POAs in your area, it would be them.

Is there a concern about someone challenging the POA? It doesn't sound like there is a lot of money to fight over, but maybe there are contentious family members? If there are likely to be problems, you should at least find out what a lawyer would cost before ruling it out. If you just need a POA so you can deal with bureaucratic forms not involving you having access to her money, I would expect a challenge to be unlikely.

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Unless as in my situation your parent become hostile toward you, they can revoke the POA’s . Surprised me

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I hired a traveling notary to come to my parent's apartment and notarize the POA documents I downloaded from the internet and printed out myself. No lawyers were required at all. Witnesses have to be live and in person however, as far as I know. I used both these Medical and Financial POA forms for 8 years with NO issues whatsoever, by the way.

You can Google "Download POA forms" and "Traveling Notary in your city" and see what comes up.

I have no idea how challenging it may or may not be to get a letter of competency; it all depends on how willing your mom's doctor is to write one out.

Good luck!

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P.S. I got the advice to download the POA forms from the Elder Care Attorney I went to for advice in general about a TON of different things I was facing with my elderly folks at the time, by the way. HE was the one who told me a lawyer was not necessary for simple POA forms to be filled out. I live in Colorado; the forms were not specific TO Colorado; they are generic.

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Hospitals and like facilities usually have a notary in-house that you can request. I downloaded the appropriate forms for my state through Legalzoom.com. They have attorneys online that are versed in each state's laws. I'm an only child and my mom is single, so there would never be anyone who would contest my DPoA. If you are very sure no one would contest your mother's PoA choice, then online forms are fine. Do encourage her to opt for "durable" and give broad powers to manage her affairs. Rocketlawyer.com also has the downloadable paperwork for her state.

Using a certified elder law attorney is of course, preferable, but the sources I mentioned above will do as a last resort -- better than no PoA at all.

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One big problem with DIY [do-it-yourself] legal documents is if one word is missing or misplaced, it can change the whole meaning of the document.

I would suggest you contact your local Council on Aging and see what they suggest who can help you with a POA and other legal documents.

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That's why you only use this resource if you are absolutely certain no one else has any vested interest in possibly contesting it. It won't matter to anyone except the principle and the PoA. The principle needs to trust their choice of PoA. Again, these sites have actual attorneys practicing in each state available to answer questions. It is not a vending machine.

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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!

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You are giving WRONG advice! "Witnesses are just as good as using a notary." Witnesses are IN ADDITION TO notarization (in Texas).

"We often hear the question, 'does the Power of Attorney need to be notarized in Texas?' The answer is yes; the document and any changes to it should be formally notarized. Once these steps are completed, Power of Attorney is validly granted."

Source: https://kretzerfirm.com/power-of-attorney-in-texas-everything-you-need-to-know

Please refrain from giving legal advice on this forum if you're not a practicing attorney.

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

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That's what I did, but bought a pack at Office Depot. Used them with my aunt, mom and dad and they worked just fine. I'm not even sure I had them notarized. Just signed and witnessed (but I'm in Alabama and other states may be different).

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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.

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Talk to the hospital social worker or case manager about your concerns. There is probably a lawyer that will do pro bono work in your case.

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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.

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Geaton, this was standard practice at one of the law firms where I worked. They're executed in the same manner as the original, but stamped "conformed copy".

When they prepared my father's estate plan, I was given 3 -4 (don't remember for sure) conformed copies of every document Dad signed. It was a lot easier when I had to provide them to various entities, although some were unfamiliar with a "conformed copy".

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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.

Getting POAs without a lawyer—any advice?

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