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I need to get a "Durable Power of Attorney" a "Medical Power of Attorney" and a "DNR" form for my mother.
Due to finances, going to an attorney to have these forms drawn up for her will have to wait. Because of her age, I have concerns about waiting.
There are websites that have these forms readily available but I wonder if they are usable or "legal." I suspect they need to be witnessed and notarized but am not sure.
Has anyone ever downloaded these forms and used them? Were they acceptable for getting finances and medical issues addressed?
I've used them here in AZ. They must be notarized and witnessed to be valid here. Our credit uninion notarized ours. I called our family lawyer and he said it was okay for us to do them ourselves as long as they were notarized.
I have no idea what your laws require in your state. You should have several free sources to check like a local government agency or a free legal services agency, a hospital etc. Most lawyer offices will tell you up front, on the phone, if you need a to actually see a lawyer, and if you do it would be to the complications of the agreements.
I've used them here in AZ. They must be notarized and witnessed to be valid here. Our credit uninion notarized ours. I called our family lawyer and he said it was okay for us to do them ourselves as long as they were notarized.
I have no idea what your laws require in your state. You should have several free sources to check like a local government agency or a free legal services agency, a hospital etc. Most lawyer offices will tell you up front, on the phone, if you need a to actually see a lawyer, and if you do it would be to the complications of the agreements.
if you go to www.blumberglegalforms.com you'll find what you need, and those forms are generally acceptable everywhere. If you need a Power of Attorney for a bank account, I suggest you ask if they accept them; many banks prefer their own forms but will provide one if you ask.
I need to get a "Durable Power of Attorney" a "Medical Power of Attorney" and a "DNR" form for my mother.
A medical PoA is also called a Health Care Proxy. If you google that, you'll find them online. The DNR instructions are included in some of the Health Care Proxie forms, or you can have a separate Living Will form, which should also be available online (for free), if you google it.
Durable PoA - addressed that in another post re Blumberg forms.
BTW, everyone should have all of those forms once they're 18; age is not an indicator of whether you need them or not (although the older we get, the "sooner" we might need them)
Let me tell you about Durable power of attorney - because my father died in Feb.
I have a rock solid one for my mother
It is a complete durable power of attorney - NOT- a springing power of attorney which requires proof of incapacity. All I needed for it to be activated was the Death certificate for my father which I have.
It also covers health care [but I don't think the health care part crossed state lines but that does not seem to matter - you can pretty much do anything, though we may face challenges down the road when we get to some future point concerning hospice; though my dad was able to get a DNR for my mother no problem] - mom had a massive stroke and don't think that just because you are missing half of your brain and cannot commuicate that you even need to go to the bathroom that it will be easy to get a CYA doctor to write an incapacity letter!
Guess what - My dad had several roth IRAs with my motheras the beneficiary before he died - they don't honor any POA except the one THEY want you to fill out, which you can't do if you are incapable of doing so - now I have to get doctors letters to them to prove she can't do it.
Guess what - the social security admin / medicare does not honor them. Need to get a form of incapacity from a doctor.
Guess what - if your mom has a trust the bank won't honor the POA, you have to be the trustee [which thankfully I am]
All my mothers stuff was prepared BY A LAWYER in Florida years ago and REVIEWED by a LAWYER in SC months ago when my dad became ill as valid legal instruments [and state laws vary]
So, the advice that was given to me which I wish I had taken, was if your mother is able NOW, get directly onto EACH account that she has. Take her to the social securtiy office to become her personal representative NOW. It will be a lot less trouble now than later. I am still dealing with getting all this straight and he did everything "right" and I had everything I needed in front of me to manage his affairs.
Oh, get this, the bank wanted the doctors [2] to have their letters of my incapacity notartized at the doctors office [guess what, not a notary there] to put me on my mothers account as a trustee. Even though the trust immediately made me a co-trustee upon the death of my father and did not have an incapacity clause. Aaaargh.
Last edited by grannynancy; 04-21-2009 at 07:46 AM..
As far as healthcare power of attorney/advanced directive/DNRs:
Your state's attorney general's website most likely has forms you can download and use for free, and so will your state's bar association, most likely.
5 Wishes is a terrific advanced directive/healthcare power of attorney form you can use, too. I am not sure if it is available online. My local area agency on aging hands them out. You might check with yours.
Every hospital I know of, also has these forms for free.
Most states do require healthcare power of attorney documents be notorized.
If you are looking for something to give you rights to handle finances, sell property, etc., I recommend going through an attorney. Most financial institutions will be very particular with the form you have used, and for good reason. It is too easy to trick some senior citizens into signing away their finances. You also want to make sure other relatives don't try to challenge the document, either.
I need to get a "Durable Power of Attorney" a "Medical Power of Attorney" and a "DNR" form for my mother.
Due to finances, going to an attorney to have these forms drawn up for her will have to wait. Because of her age, I have concerns about waiting.
There are websites that have these forms readily available but I wonder if they are usable or "legal." I suspect they need to be witnessed and notarized but am not sure.
Has anyone ever downloaded these forms and used them? Were they acceptable for getting finances and medical issues addressed?
I have used them many times..just get them notorized and it saves you a lot of money if your bank will do that for free.
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