East Stroudsburg, PA asked in Elder Law for Pennsylvania

Q: How do i get a power of attorney document

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1 Lawyer Answer
Jake Causing Santos
Jake Causing Santos
  • Elder Law Lawyer
  • Mount Olive, NJ

A: If your question is how can you have a power of attorney prepared and executed, then you can contact an attorney in your area that handles estate planning and/or elder law. A referral can be obtained from your local county bar association or by running a search online for an estate planning or elder law attorney in your area. In addition, pre-printed power of attorney documents are available online or can sometimes be purchased at stores that sell office supplies (such as Staples or Office Depot), however, unless the pre-printed form is reviewed by a legal professional familiar with your situation, you will not know if the pre-printed forms include all the language you need for your situation or you may unknowingly fail to have the power of attorney properly prepared so contacting an attorney is advisable. I note that a non-lawyer such as a notary public, a certified legal assistant, or a paralegal may try to advise you about the contents of a power of attorney, but this could be considered the unauthorized practice of law or you may receive bad advice since those individuals might not be a substitute for advice from a licensed attorney.

If you are asking about obtaining a copy of somebody else's power of attorney, then it may require court action to obtain a copy of the power of attorney since a power of attorney is typically a private document that is not publicly available. However, if the power of attorney was used to execute a deed, then in some jurisdictions, the power of attorney has to be recorded and then a copy is usually available to the public at the office where deeds are recorded in the area.

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