Is a lawyer necessary for appointing a power of attorney or can it be drawn up between parties and notarized?

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Is a lawyer necessary for appointing a power of attorney or can it be drawn up between parties and notarized?

My mother is failing health and I have been attending

to her home and paying her bills. However, recently

recently her health has started deteriorating. She is

able to communicate and is of sound mind, but she

has asked for me to become poa for legal purposes.

She also did a living will while in the hospital, naming

me to make medical decisions if she becomes

unable. Thank you for any help you can provide

Asked on August 3, 2018 under Estate Planning, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no need to have an attorney handle a power of attorney for you. A POA is a written authorization that allows the "agent" (i.e. the person to whom the power is given) to represent or act on behalf of the the "principal" (i.e. the person giving the power)in private affairs, business, or some other legal matter. You can find state specific forms online for a nominal cost. You can then have it notarized by any duly appointed notary.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no need to have an attorney handle a power of attorney for you. A POA is a written authorization that allows the "agent" (i.e. the person to whom the power is given) to represent or act on behalf of the the "principal" (i.e. the person giving the power)in private affairs, business, or some other legal matter. You can find state specific forms online for a nominal cost. You can then have it notarized by any duly appointed notary.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You don't need a lawyer for a power of attorney. You and your mother appear before a notary and sign the power of attorney. 
If your mother is too ill to go to the notary with you, there are mobile notaries who will come to your mother's location.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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