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Thoughts regarding using a free online Power of Attorney

dianne

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I am in need of a Durable Power of Attorney. I don't want to pay an attorney if I can use a free form found online. I know it will need to be witnessed and notarized.

Anyone used the online form and, if so, what website did you use?

Should I have concerns about this form holding up in court?

Pros and cons you may have to taking this approach are welcome. Thanks!
 

NOYFB

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Are you talking about for medical or financial?
 

mary poppins

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Power of Attorney in general - requirements and language vary by state, so be sure you know what your state requires. Also, be sure to tailor the breadth of authority granted to the purpose you desire (general POA vs. specific or limited POA). Another factor is to figure out if you want a regular POA (good as long as you are capable of handling your affairs) vs. a durable POA (document will remain effective even if you aren't capable of handling your affairs) because specific language is required. Specific language is also necessary for a springing POA which takes effect upon the occurrence of a designated event.

Power of Attorney using online forms - I have no experience with this. Read what the form says and tailor as necessary using information provided above.
 

TooPatient

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I did a generic online just to have it done quick but it was sort of a placeholder while doing a nice one with our attorney.

FWIW, our attorney does this so much it was super quick. Cost under $100 for 2 general durable, 2 medical, and a will.

You might take a look and talk to someone. I really missed a lot with the online even with careful research. I found it money well spent.
 

dianne

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It's for financial, so I need the Durable POA so I can handle all finances for a loved one from now going forward without a time limit. Fortunately, we created the Heath Care POA a few months back which was free since we did this while she was in the hospital.
 

dianne

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TooPatient|1437001140|3903296 said:
I did a generic online just to have it done quick but it was sort of a placeholder while doing a nice one with our attorney.

FWIW, our attorney does this so much it was super quick. Cost under $100 for 2 general durable, 2 medical, and a will.

You might take a look and talk to someone. I really missed a lot with the online even with careful research. I found it money well spent.


That is a great deal. I'm getting quotes that begin at $250 just for the Durable POA. :o
 

CJ2008

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I'm very interested in this thread Dianne - I need one too...I need one for like, everything - financial and medical...can one POA cover both, or you need a separate one for each?

When you say you got it for free while she was in the hospital...what do you mean? Why was it free?
 

TooPatient

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CJ2008|1437064754|3903604 said:
I'm very interested in this thread Dianne - I need one too...I need one for like, everything - financial and medical...can one POA cover both, or you need a separate one for each?

When you say you got it for free while she was in the hospital...what do you mean? Why was it free?

You need TWO. One is general durable for all things non-medical. The medical covers just medical.

Things to watch for:
Unless specifically included, the medical begins after multiple doctors have declared the person incapacitated. Until then you can do nothing. Mine starts at signature and gives authority to accept, decline, and make all treatment decisions.
I intentionally left out do not resuscitate and other such things. Have DH full discretion as he knows my wishes as does my alternate.

General durable...
Can be tricky. I set Mine to be in full force at signature. Takes trust, but I have full trust in DH. He can sign anything in my name as of that date including buy/sell property and anything else.
I chose this with him and our attorney so that if something happens to either of us we can do what we need. Because of standard wording we could have had potential situations where one or the other of us could not sell property of needed to live while the other was not capable (like hospitalized).


Our attorney sent me his standard template. I asked for certain changes (including those listed) and he took care if making it all legal worded.


We have general durable on file with the mortgage company and banks. Medical on file with our doctors and local hospitals.
 

TooPatient

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Also, the free are very form like. No way to really change defaults if you aren't an attorney familiar with needed wording.
It is also different in different places. Some stuff may or may not be allowed or already included. Wrong wording could invalidate.

I am very much DIY any place I can including legal stuff (with quick review by our attorney...) but I would NOT suggest doing this on your own. Get their template and change that. Highlight changes and send back for them to check.
 

liaerfbv

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It's generally a very bad idea to use legal forms online. DPAs are one of the more common documents financial institutions will not honor due to specific language (or lack thereof). There's no guarantee the form will be updated, specific to the laws of your state, etc. It's worth it to see an attorney and get it done right.
 

liaerfbv

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TooPatient|1437065960|3903615 said:
CJ2008|1437064754|3903604 said:
I'm very interested in this thread Dianne - I need one too...I need one for like, everything - financial and medical...can one POA cover both, or you need a separate one for each?

When you say you got it for free while she was in the hospital...what do you mean? Why was it free?

You need TWO. One is general durable for all things non-medical. The medical covers just medical.

Things to watch for:
Unless specifically included, the medical begins after multiple doctors have declared the person incapacitated. Until then you can do nothing. Mine starts at signature and gives authority to accept, decline, and make all treatment decisions.
I intentionally left out do not resuscitate and other such things. Have DH full discretion as he knows my wishes as does my alternate.

General durable...
Can be tricky. I set Mine to be in full force at signature. Takes trust, but I have full trust in DH. He can sign anything in my name as of that date including buy/sell property and anything else.
I chose this with him and our attorney so that if something happens to either of us we can do what we need. Because of standard wording we could have had potential situations where one or the other of us could not sell property of needed to live while the other was not capable (like hospitalized).


Our attorney sent me his standard template. I asked for certain changes (including those listed) and he took care if making it all legal worded.


We have general durable on file with the mortgage company and banks. Medical on file with our doctors and local hospitals.

The bolded varies by state.
 

liaerfbv

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CJ2008|1437064754|3903604 said:
I'm very interested in this thread Dianne - I need one too...I need one for like, everything - financial and medical...can one POA cover both, or you need a separate one for each?

When you say you got it for free while she was in the hospital...what do you mean? Why was it free?

Each state has different requirements. Some have separate documents for financial and medical decisions.

Typically if you are admitted to the hospital without a durable power of attorney, designation of health care surrogate, or medical power of attorney, the hospital will have you sign an in-house form for their file. It's a very generic form with limited powers, usually.
 

dianne

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CJ2008|1437064754|3903604 said:
I'm very interested in this thread Dianne - I need one too...I need one for like, everything - financial and medical...can one POA cover both, or you need a separate one for each?

When you say you got it for free while she was in the hospital...what do you mean? Why was it free?


I'm sure the "free" comment was confusing with no further explanation. :twirl: Our local hospital offers a free service to create a Living Will and Health Care Power of Attorney for anyone admitted to the hospital. We took full advantage and had both created. Unfortunately, these only apply to medical situations. Since I am now taking over the finances, I need proof I have been given the authority to make decisions involving finances from paying bills to selling property. My research agrees some of the other comments posted are correct that some of the verbiage is different based on your state.

I think I really need to play it safe and involve an attorney. This is too critical a situation to rely on a form the court may not recognize.

I appreciate all the comments to help me make this decision.
 
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