Getting POAs without a lawyer—any advice?

I have seen many discussions related to POAs but none discussing that a regular POA is no longer valid if the person who issued it becomes incapacitated. What is needed — and is now allowed in most states — is a Durable Power of Attorney which will have specific language that it does not terminated on incapacity and should refer to the specific state statutes. If trying to do this without an attorney, find where your State’s statutes are posted online and search them for the words Durable Power of Attorney. You can also search online using the phrase “[your state] durable power of attorney”

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.

If you are worried about cost, do a google search for a legal aid society in your state. There are bunches of free legal aid for seniors or those who can’t spare the money to hire an attorney. They help with simple matters (such as a POA). They may take longer than downloading a generic form from the internet but they are legal professionals (paralegals, law students, lawyers).

I read above that you're not sure if your mom is competent to execute a POA. For what it's worth, my dad was deemed incapacitated by his neuro and I realized I needed a POA (everything happened so quickly after his wife died from Covid complications). I contacted an attorney and made him aware - he told me to bring him in and if he knew who was and was having a "good day", he'd be okay in executing a POA - if not, he'd have to turn us away and we'd need to do it another day. Thankfully, dad was having a good day and we got it done - AFTER 2 doctors signed off on him being incapacitated. That day, dad knew his name, date of birth, my name and the nature of our relationship. He answered yes and no questions related to the POA and affirmed that he wanted me to handle his financial affairs. It wasn't really too extensive, but enough to deem that he understood the reason for the visit.

I'd really urge you to go through an attorney - ESPECIALLY IF, your mom's mental capacity is in question. If not handled in this matter, the POA can easily be contested. I covered my *$$ in having an attorney (read: Third Party), who could attest to dad's mental state on the day he signed the document.

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.

I got the DPOA and DMCPOA off of my states Attorney General website.

The hospital provided the notary and witness.

They served as my legal documents until he died. Only the bank gave me a hard time but, honored them.

Honestly, I don't think anyone needs to spend hundreds or even thousands on these forms when the state AG provides them free of charge. Doesn't get more legal then the AG, they even have the state statutes listed on them, in case anyone questions the validity.

Some states have standardized forms that can be downloaded. I've never read any of those forms, but I'm thinking that they're prepared by state attorneys, including in the AG's office, and would be reliable, although not tailored to specifics. One problem with other online sites is that you have absolutely no idea how current the forms are with state and/or legal requirements.

During a search for home care for my father, I found an outstanding company, with forms that were more realistic, thorough and appropriate than some of the online sites.

I've used NOLO in the past for other uses, and felt it was reliable, and actually backed by real attorneys, not just online lawyers. And yes, there is a big difference.

As to your specific question:

1. How difficult is getting a POA done when someone is in care without a lawyer?

A lot depends on whether you're already familiar with estate planning attorneys, your area, amount you can pay, pro bono attorneys, etc.

You might want to contact your county or state bar association, or research online, for pro bono estate planning (which covers the span of documents and issues), firms which provide services gratis. Some law firms also specialize in very reasonably priced documents, and they're good ones. Not all law firms are though.

And some of the big silk stocking firms also allow their attorneys to provide limited pro bono work.

2. Does anyone know if witnesses can be present remotely?

I've never heard this question raised, but it actually defeats the purpose of witnesses, who need to observe signatures as documents are being signed. Sometimes they need to provide identification as well, to verify who they are.

If documents would be signed at a hospital, or rehab, the attorney would most likely bring witnesses from her/his firm. In our case, I needed a quick set of estate planning documents when my sister's cancer metastasized more quickly than expected.

A top attorney for whom I had worked came to the hospital, gathered required information, had the docx prepared the next day and came back the following day for execution.

My father brought witnesses from his church, and the documents were executed in the hospital.

3. Is it challenging to get a letter of competency?

Can't speak to this; I've never been in this situation.

It would help to provide your general living area, or area of the hospital if it's different. More specific information could be provided on pro bono law firms (or organizations, including some law schools).

Some law firms also provide packages, more reasonably priced than law firms that cater to "individuals of high net worth".

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.

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.

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!