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.
A thought recently came to my mind and this might be an issue that would also provide information to the OP. I am listed on my mother's checking account with POA next to my name under her name. She really cannot write out any checks. I have heard from this site that POA does not exist after death. I was just wondering if anyone could tell me if that would mean I could not write checks after my mother dies. That might be an issue for the OP and perhaps it would be best for the party involved to have their name on an account but avoid the listing of POA after their name.
Just wondering if anyone could provide an answer to this issue.
That was a surprise to me, however, when really thinking about it, it made total sense.
The cost might be minimal compared to the cost of the fighting on whether money was spent correctly and the discussion of whether a certain level of being "sick" has been reached or not.
When my Mom went to the emergency room which ended up as a hospital stay, the hospital had forms for the medical POA ready to be filled out and notarized. When I took a look at their doc, the only difference was that their form had their name on it, so that it would be invalid at a different hospital. Since my Mom already had a medical POA (and POLST), I didn't ask about the cost.
The lawyer that my Mom used to update her will, trust and all the different POAs, interviewed my Mom without us being there. Hence, we did not need a letter of competency. We all reviewed what was written, prior to my Mom signing in front of witnesses (the lawyer was a notary).
My mother wanted a POA for her children but didn't want us to have it in our hands so she put it in the safe. My fear was always she would go to hospital unconscious and i would have to go to her house before i could go to the hospital with it. Fortunately she was alert and told the hospital i had it but also was able to choose her own care.
Also a POA has many areas to choose from- for just medical, for POA over home and financial affairs. Make sure you check the correct boxes and read the whole form for choices.
As to updates, they must be witnessed and notarized when you do them. Can you tell us what updates you are considering other than the body disposal you have already taken care of? That need not be in your will.
My personal POA, durable financial POA , and will I did from a website , had them notarized at the bank.
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".
"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.
She did Medical Power of Attorney, Financial Power of Atoorney & Wills. All for a few hundred dollars.
Every state should have trained & certified document preparers
The packet also contained worksheets for obituaries, wills, funeral wishes and information that people would need to know upon death (life insurance policy info, safety deposit box location, etc.)
I can only speak from a UK point of view, but it may be a false economy not using a lawyer.
In the UK we have to apply through a government website for a POA, which has a set fee per application. If your application is rejected, you would have to pay again to do another round. Apparently the pitfalls are many and applications are turned down for the smallest of reasons.
The benefit of having a lawyer is that they have experience to know how to do a watertight POA, and will make sure it would stand up under any challenge or legal scrutiny.
This may not be of much help but you may also see whether you could pay by credit card, giving you longer to pay off the bill.
I've struggled with arrangements for my father who has dementia - because he refused point blank to have a POA and now has no mental capacity - and our lawyer has been worth her weight in gold!
Best of luck getting it sorted.