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 5 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 5 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 5 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.
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