Q: Looking for a lawyer to help with power of attorney for my elderly mom's health and finances.
I'm seeking a lawyer to create a power of attorney for my 91-year-old mom to ensure decisions regarding her healthcare and financial matters are covered. She is currently capable of making her own decisions. Could a lawyer assist with the process and advise on any specific conditions or limitations that should be included?
A: Do them all the time. Cost $200. Just email me. garyleelane1@gmail.com. Thank you.
A:
Make an appointment with a lawyer who drafts estate planning documents in your jurisdiction. Your mother (and you, really) needs four documents at least: (1) a last will and testament; (2) a durable statutory-compliant financial power of attorney (POA); (3) a healthcare POA; and (4) an Advance Directive/living will.
The two POAs and advance directive are for use during your mother’s lifetime, to manage her financial affairs and assets and make healthcare decisions during times when she is no longer able to do so on her own. These two documents are essential to avoid the situation where your mother becomes incompetent mentally and the only solution is for a court appointed guardian requiring regular court supervision of all decisions. A court guardianship is both expensive in legal fees, time consuming and delaying decisions, and requires filing accountings for approval by the court and need for court ordered permission to make any major decisions (like moving your mother to nursing home care and selling her home to manage her finances).
The advance directive/living will is a signed declaration of your mother’s preference as to continued extraordinary medical interventions in the event she enters into one of three recognized terminal end-stage non reversible conditions. The person named in her healthcare POA would use that as a guide to make those decisions when the time comes.
A properly executed and witnessed Will is essential to allow the smooth administration of your mother’s estate and swift appointment of her named executor for efficient settlement of her property and affairs after her death.
You should act soon while your mother is still able to understand and sign these documents. Once she becomes mentally incompetent, she will be unable to sign any of these documents and a court guardianship is the only option, as well a a judicial probate of her estate in the absence of a will.
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