Are 'do it yourself' power of attorney forms legal?

Question

my grandmother has to go into a nursing home.. i have been advised to look into becoming power of attorney for her affairs. she doesn't have that much money and i havent any. so obviously if i can avoid paying £350 solicitors fees i will. but of course i want everything legal and above board. Any suggestions

Answer 1

It can be legal, but after filling it out and getting it signed, you might want to check with an attorney to make sure that everything is okay. There are low cost and free services where I live. You might want to check those out where you're at.

Hope this helps.

Answer 2

They can be legal. BUT keep in mind that most places I know of have requirements as to who can witness the Power of Attorney. Where I live it needs to be a Lawyer, doctor, judge, police officer, (Ie, people who have taken an oath of some sort).

I highly suggest biting the bullet and going to a lawyer. By the time you purchase the POA kit and then pay one of the authorized people to witness it, you will be spending nearly as much money anyway and you risk not having it honoured because it wasn't done properly.  

Answer 3

A power of attorney form does not legally have to be drawn up by a lawyer, so there's no reason one shouldn't be legal, but I *highly* recommend you spend the money to have a lawyer at least look it over to make sure it covers what it needs to be covered, be sure it is executed and witnessed appropriately, etc.

Answer 4

If they are completed according to the instructions that come with them, they are most likely legal. Even Powers of Attorney (POAs) drafted by lawyers have been found wanting. You should really discuss it with an attorney, since she may need someone not only to handle her financial affairs, but to make decisions for her if she is not competent ("living will" or health care proxy). This can involve such issues as DNR orders (do not resuscitate), treatment for treatable but fatal diseases, artificial feeding and hydrating. There are general and limited POAs, "springing" POAs that take effect only if the person is declared incompetent by a third party or on the occurrence of some other event. Some financial matters, such as negotiating tax problems. may have to be specifically set forth in the POA. It does not sound like  your situation will require anything that complex, but only a lawyer having all the facts of your situation can properly advise you.  

Answer 5

Not sure in your area but in the U.S. you can obtain the forms at Office Supply stores, have then signed, witnessed and notarized and they are legal.

Answer 6

Yes they are legal.  Just get a copy of the sample POA from on line and type it out yourself.   You may need to get a Notary to stop it with a witness; any bank would have a notary.   I have made my own Last Will and Testament... a long with the paper work not to keep me alive.  

Never heard where a doctor, judge, police officer, or someone who has taken an oath has to be the witnesses to the signing.  In the military we signed each others as we prepared for deployment.

Answer 7

No. Get the money and pay a Solicitor. Ought be, no more than £100.00./

Answer 8

No-one can tell you whether any 'specific' form that you're looking at is sufficient or not without looking at it, of course. That said, though, there is no reason at all why a DIY Power of Attorney form should NOT be legal. 'Most' POA's aren't even done on a form - the grantee just writes something up and signs it. I'd note though that while having it notarized and/or witnessed is not required by law, many financial institutions will not accept one that isn't.

Remember, also, that a POA is valid only as long as the grantee is mentally capable of handling her own affairs (And, therefore, still competent to withdraw the POA). If your gran becomes incompetent, then you'd need a guardianship or conservatorship, which is a different - and more complicated - matter.

Richard