How to set up Power of Attorney for elderly mom?

[Anonymous]

Anonymous wrote:

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.

Thank you PP for this information!

- OP

[Anonymous]

I encourage you to find an attorney to get these forms in place. You want to know they are done correctly. This is especially true if you are not an only child. - you dont want siblings challenging the validity of the docs if you start arguing. You also need HIPAA and Health Care Power of Attorney.

Some states have standard POA forms you can use. Google to see if that's the case in VA. If so it should be on an official government site.

[Anonymous]

Anonymous wrote: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

This is for MARYLAND. Not all states offer these. OP is in Virginia. I'm not sure whether or not VA offers one.

[Anonymous]

I’m outside the DMV and a lawyer charged $500 for a medical and durable POA, plus will. I think there was a discount because all three were done at the same time.

For the POA documents, the more specific, the better. List all accounts; will save trouble down the road if you have to tap assets to pay for care. Be specific about end of life measures and wishes.

I’d recommend doing it as soon as possible, while your parent has good cognitive function. And don’t make someone a backup if they are flaky or at odds with anything your parent and you agree on.

[Anonymous]

Anonymous wrote:I’m outside the DMV and a lawyer charged $500 for a medical and durable POA, plus will. I think there was a discount because all three were done at the same time.

For the POA documents, the more specific, the better. List all accounts; will save trouble down the road if you have to tap assets to pay for care. Be specific about end of life measures and wishes.

I’d recommend doing it as soon as possible, while your parent has good cognitive function. And don’t make someone a backup if they are flaky or at odds with anything your parent and you agree on.

Thank you PP for this information.

[Anonymous]

I went the rocket lawyer free trial route and then we notarized it (go for the DPOA).
I’ve only used it when renting a place for my parents so far - other places didn’t even ask for it (social services and such).

[Anonymous]

MD has a POA on the Attorney General website which is free and effective under state law but I think in VA you need a lawyer

[Anonymous]

Anonymous wrote:I went the rocket lawyer free trial route and then we notarized it (go for the DPOA).
I’ve only used it when renting a place for my parents so far - other places didn’t even ask for it (social services and such).

OP here. Thanks PP for sharing your experience.

I wasn't familiar with DPOAs. Based on my limited research, they can be used to cover a lot (medical, legal, financial, etc.). I'll research it further.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

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.

up.

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.

Thank you PP for this information!

- OP

Also, read up on what your mom needs to do to avoid probate.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I went the rocket lawyer free trial route and then we notarized it (go for the DPOA).
I’ve only used it when renting a place for my parents so far - other places didn’t even ask for it (social services and such).

OP here. Thanks PP for sharing your experience.

I wasn't familiar with DPOAs. Based on my limited research, they can be used to cover a lot (medical, legal, financial, etc.). I'll research it further.

It’s the same as POA but is valid even after your parent loses their marbles so to speak. Medical is different from financial (didn’t do medical; will do as needed).