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Do I need a lawyer for power of attorney for my mother?

Mom is 90 years old, lives by herself, has diabetes and has several episodes where the ambulance has been called because she is unresponsive. They have been able to get her levels up but she refuses to go to the hospital and refuses to move closer to her daughters. She is competent and well aware of what is happening. We have discussed her sitution with her and she would like for my sister and me to have her POA, my sister would be primary and I would be secondary. We would like to do this for her, just need to know if we need a lawyer. Mom is living in a elder appartment recieving social security only.
Status: Open    Feb 17, 2015 - 11:37 AM

Finance, Elder Law

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Aug 05, 2015 - 08:59 AM

No question. It is very important that you seek counsel from an appropriate attorney and secure the proper powers of attorney. You should strike fast, while your mother still has capacity and while she is amenable to the idea.

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Mar 01, 2015 - 09:32 PM

I have power of attorney for both of my parents. It is generally better to have just one person appointed as power of attorney. I actually used an online legal service to prepare my documents and they did a great job. I have not had any problems with acceptance of the documents. It cost me about $75 to have documents prepared for both my mother and father. I am sure it would have cost much more to go to an attorney and have the same documents drawn up.

Keep in mind that any federal government agency does NOT recognize power of attorney. I have been told that by both the Social Security Administration and the Veterans Affairs offices.

Also keep in mind that power of attorney is a living document only. As soon as the individual is deceased, the power of attorney has NO power and becomes defunct. When the individual dies, the power of attorney dies with them.
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By terriyana17 on Aug 31, 2016 - 09:00 AM | Like (0)  |  Report

What is the online service you used?

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Mar 02, 2015 - 02:56 PM

Probably don't need a lawyer, but there are people at most hospitals whose job it is to help you with these documents. There is a health care POA and one that gives someone control of her personal financial affairs, etc. There is also the Living Will or the Will to Live, that detail what a person wants to be done in the event of a health issue when there is no POA. These can be taken care of by some social workers, hospices, and retirement and assisted living administrators. Since you don't live with or near her, these documents would be helpful in the event of an emergency. Ask about a DNR order.
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