Durable Power of Attorney
My Father-in-Law is no longer able to handle his paperwork. My husband is now going to be appointed as his Power Of Attorney. Does this process need to be handled by a lawyer or can we simply print out a Durable General Power Of Attorney form, complete, and have notarized?
2 Answers from Attorneys
Re: Durable Power of Attorney
If dad cannot handle his paperwork then does he have capacity to sign the PoA? You're taking a very big risk. Foolish decision to save a couple of dollars at this most critical time in dad's life.
Good luck.
Rick Bryan
New York, NY
Re: Durable Power of Attorney
It would be important to have an attorney advise you, prepare the Durable Power of Attorney and determine if Dad has the capacity to execute the document. An attorney would likely take notes as to Dad's mental status, so that if the document is called into question later, there is a greater chance that it will stand up.
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