How to set up Power of Attorney for elderly mom?

[Anonymous]

I am an only child and my mother is approaching her 80s. She is still independent and drives herself around, despite having many medical issues (the usual...diabetes, heart disease, etc...)

I talked to her about setting up a POA and she agrees it is a good idea.

Where do we start getting one set up? I see many online legal websites (like LawDepot and LegalZoom) but are these legit? Are we better off contacting an estate lawyer? We are located in Nova.

Thank you for sharing any advice or recommendations!

[Anonymous]

I would do a lawyer. YOu mentioned POA, but did not mention will or health care agent. are those in place?

[Anonymous]

Anonymous wrote:I would do a lawyer. YOu mentioned POA, but did not mention will or health care agent. are those in place?

Thanks for your response PP. No, she does not have a will or health care agent.

[Anonymous]

I would google. I recall there being a form we both signed and had notarized. I’m not sure to something I’d pay a lawyer for unless I was loaded and it didn’t matter.

[Anonymous]

Anonymous wrote:I would google. I recall there being a form we both signed and had notarized. I’m not sure to something I’d pay a lawyer for unless I was loaded and it didn’t matter.

So you used a website like LegalZoom?

[Anonymous]

I would use an atty (I'm not local so can't recommend one). My parents did. They set up living wills, power of atty and put the house in a trust (for brother and I, we are also power of atty).

When Dad passed recently, everything legally was seamless. You need POA for if/when your mom is in the hospital, OP. It was worth it to pay the atty to do it right.

[Anonymous]

I did one (and a health care proxy) by printing a form from the website of my state’s bar association. And i used it in many scenarios with no problem. A lawyer is only really necessary for a will or trust.

[Anonymous]

Legal zoom is fine for a POA!

[Anonymous]

No need for a lawyer or even legal zoom.

Go here and scroll down to the form. Filll it out and get it notarized. Done.

https://www.mdcourts.gov/legalhelp/lifeplanningandpowerofattorney

[Anonymous]

Anonymous wrote:Legal zoom is fine for a POA!

Agree for the POA, but there should also be a will, living will, and potentially other documents depending on the mom’s circumstances.

Op, I’d start with legal zoom to get something in place now, then look around for a lawyer to take care of full planning.

Other things your mom can do is to make sure you are listed as beneficiary on any retirement accounts, and to add “Transfer on Death (TOD)” to brokerage and bank accounts. This way funds will pass to you automatically when the time comes.

You could consider setting up something like the Nok box so you have all the information about her financial life in one place. https://www.thenokbox.com/ If that seems like to much, just even getting a notebook and writing down all her account info in one spot would be helpful to you.

[Anonymous]

The thing about durable POA’s for business affairs, health care powers and especially wills, is that (1) they are difficult or even impossible to fix if screwed up; and (2) one typically only finds out about the screw up after it is too late to fix.

But DCUM responds to questions such as OP’s with the constant refrain of “you don’t need a lawyer.”

Why the self-defeating stinginess?

Find somebody associated with the National Academy of Elder Law Attorneys (NAELA), pay the modest fee and know it’s done right and that if it proves not to be you at least have the lawyer’s malpractice carrier as a backstop.

[Anonymous]

Anonymous wrote:The thing about durable POA’s for business affairs, health care powers and especially wills, is that (1) they are difficult or even impossible to fix if screwed up; and (2) one typically only finds out about the screw up after it is too late to fix.

But DCUM responds to questions such as OP’s with the constant refrain of “you don’t need a lawyer.”

Why the self-defeating stinginess?

Find somebody associated with the National Academy of Elder Law Attorneys (NAELA), pay the modest fee and know it’s done right and that if it proves not to be you at least have the lawyer’s malpractice carrier as a backstop.

OP here, thanks PPs for sharing so much information!

So it sounds like I could use the legal websites but it also sounds like it might better to hire a lawyer to ensure it's done right.

Can anyone share how much a lawyer would cost to do this? I see that PP above stated it's better to "pay the modest fee", I'm curious what "modest fee" means when dealing with legal matters? Thanks!

[Anonymous]

Anonymous wrote:The thing about durable POA’s for business affairs, health care powers and especially wills, is that (1) they are difficult or even impossible to fix if screwed up; and (2) one typically only finds out about the screw up after it is too late to fix.

But DCUM responds to questions such as OP’s with the constant refrain of “you don’t need a lawyer.”

Why the self-defeating stinginess?

Find somebody associated with the National Academy of Elder Law Attorneys (NAELA), pay the modest fee and know it’s done right and that if it proves not to be you at least have the lawyer’s malpractice carrier as a backstop.

You really need to separate those things out. Wills, yes, a lawyer and perhaps accountant or financial planner makes sense. There is absolutely no need for a lawyer for a PoA.

[Anonymous]

Anonymous wrote:

Anonymous wrote:The thing about durable POA’s for business affairs, health care powers and especially wills, is that (1) they are difficult or even impossible to fix if screwed up; and (2) one typically only finds out about the screw up after it is too late to fix.

But DCUM responds to questions such as OP’s with the constant refrain of “you don’t need a lawyer.”

Why the self-defeating stinginess?

Find somebody associated with the National Academy of Elder Law Attorneys (NAELA), pay the modest fee and know it’s done right and that if it proves not to be you at least have the lawyer’s malpractice carrier as a backstop.

You really need to separate those things out. Wills, yes, a lawyer and perhaps accountant or financial planner makes sense. There is absolutely no need for a lawyer for a PoA.

But OP's mom doesn't have a will and living will. She should hire a lawyer to get those documents done. Most lawyers will not charge extra to do financial and medical POAs at the same time. So OP's mom should use the lawyer for the POAs as well, since she'll literally be there signing papers anyway and can just sign a few more.

[Anonymous]

Anonymous wrote:

Anonymous wrote:The thing about durable POA’s for business affairs, health care powers and especially wills, is that (1) they are difficult or even impossible to fix if screwed up; and (2) one typically only finds out about the screw up after it is too late to fix.

But DCUM responds to questions such as OP’s with the constant refrain of “you don’t need a lawyer.”

Why the self-defeating stinginess?

Find somebody associated with the National Academy of Elder Law Attorneys (NAELA), pay the modest fee and know it’s done right and that if it proves not to be you at least have the lawyer’s malpractice carrier as a backstop.

OP here, thanks PPs for sharing so much information!

So it sounds like I could use the legal websites but it also sounds like it might better to hire a lawyer to ensure it's done right.

Can anyone share how much a lawyer would cost to do this? I see that PP above stated it's better to "pay the modest fee", I'm curious what "modest fee" means when dealing with legal matters? Thanks!

It really depends on how complicated the will and other documents are. If your mom has a bank account, a car, and a retirement account, I'd figure in the $1000-$2000 range. Less if she lives in a cheaper part of the country; on the higher end in an expensive city. If she is setting up trusts for minor grandchildren, owns real estate or a business, etc. it could be more expensive.