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The POA should be witnessed and signed before a notary public. You should be able to do it at the principal's bank. Unless you are absolutely sure about what you're doing and fully informed about the consequences, you should consult an attorney. A POA grants sweeping powers to your attorney-in-fact. They will have complete access to your assets and will need to be capable of keeping good records. They should keep an account of all the money coming in and all the money going out by their hand. They must be trustworthy, organized, intelligent, reliable and act in a professional manner where your finances and property are concerned.

A medical power of attorney will enable your agent to make medical decisions on your behalf if you should become unable to make those decisions for yourself.

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15y ago
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14y ago

No, you do not need an attorney to prepare a Durable POA. However, most people have no idea what effect a POA has, what authority the attorney-in-fact has nor the legal limits of the attorney-in-fact's authority. The principal should be fully informed of the authority that will be given over to the attorney-in-fact and that choosing a person who can be trusted is crucial. The attorney-in-fact will gain complete control over the principal's assets and finances. The attorney-in-fact should be informed of what their authority does not cover. You should consult with an attorney who can reivew your situation, discuss your needs and draft a Durable POA that meets those needs.

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Q: Do you need a lawyer to for durable power of attorney?
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How do I have Durable Power of Attorney on My name as a company in all capital letters at the Federal Reserve Bank.?

A durable power of attorney may not be what you need. You need to consult with an attorney who specializes in business law in your area.


Does a Florida medical poa need to be notarized?

In the state of Florida both durable and non-durable power of attorney needs to be notarized. This does in fact include the medical power of attorney.


If you do not have a health care proxy who makes medical decisions?

You need a Medical Durable Power of Attorney. *I am not a lawyer. This is not legal advice. Please consult with a professional before taking action.*


With whom must you file the durable power of attorney forms in California?

Generally, the durable power of attorney forms can be filed with the local county recorder. This is frequently required for estate or finance transactions. Often, however, depending upon the transaction you are trying to complete, the durable power of attorney need only be produced by the attorney-in-fact when they complete a transaction on behalf of the assignor.


Do you need a witness when filling out a durable power of attorney form?

Witnesses are required when filling out a power of attorney form. The witnesses must be present when the form is signed.


Does a durable power of attorney need to be notarized in Missouri?

state law declares that the document is presumed to be genuine if it is notarized.


Can you still write checks on an account that includes your name after your mothers death with a durable power of attorney?

If you are one of the account holders, yes. You do not need a power of attorney to do so. Also a power of attorney expires on the death of the grantor.


Can you get a divorce from someone with a brain injury if you have a durable power of attorney?

Being the attorney-in-fact under a Durable POA has nothing to do with getting a divorce. You can't consent to the divorce on behalf of your spouse by using your power as attorney-in-fact. You would need to file for a divorce using the normal route after you have consulted with an attorney to find out how you should proceed in your particular situation under the laws of your state.


Your cousin would like to take his sister off of your aunts power of attorney and you need to know if he needs to see a lawyer to do this as your aunt is incapable of making this decision herself?

Yes, you will need a lawyer to change the Power of Attorney and a good reason given why he sister should be taken off because she can contest this.


I cosign for my daughter house can I sign her tax return?

You would need a power of attorney to sign her tax return for her. If your daughter is incapable of signing for herself then you should have a durable power of attorney drafted. If she is not competent then you would need to be appointed her guardian. You should seek the advice of an attorney to discuss your options.


Can the individual who is competent - mentally void a durable medical Power of Attorney?

If they are mentally competent, yes they can. They simply need to execute the statement to that effect.


Where can you get durable power of attorney?

You can get a durable power of attorney at an Attorney's office. If you can't afford an attorney you can check with your local legal aid office. You can also find power of attorney handbooks with forms at a bookstore or library.