Mom is declining fast and we need to do this while she still is cognitively able. We cannot afford a lawyer. I know it is the best way, but the fact is we do not have the money. If someone knows of very lost cost avenues to obtain one, please share. Otherwise, we are looking at getting notarized forms but my mom is in hospital at the moment and will most likely go back to a rehab facility until hopefully she is well enough to move back with family.
How difficult is getting a POA done when someone is in care without a lawyer?
Does anyone know if a witnesses can be present remotely?
Is it challenging to get a letter of competency?
Thanks.
You can get a NOLO Press book from your local library and help your Mom do a "do it yourself" POA, then have a mobile notary com to your Mom for the signing.
I am not familiar with letters of competency, but you could ask your Mom's doctor(s) if they are.
You could also ask the hospital social worker(s) if they have any suggestions about the POA. If anyone knows if there is a lawyer that does reasonably priced "house calls" for POAs in your area, it would be them.
Is there a concern about someone challenging the POA? It doesn't sound like there is a lot of money to fight over, but maybe there are contentious family members? If there are likely to be problems, you should at least find out what a lawyer would cost before ruling it out. If you just need a POA so you can deal with bureaucratic forms not involving you having access to her money, I would expect a challenge to be unlikely.
You can Google "Download POA forms" and "Traveling Notary in your city" and see what comes up.
I have no idea how challenging it may or may not be to get a letter of competency; it all depends on how willing your mom's doctor is to write one out.
Good luck!
Using a certified elder law attorney is of course, preferable, but the sources I mentioned above will do as a last resort -- better than no PoA at all.
I would suggest you contact your local Council on Aging and see what they suggest who can help you with a POA and other legal documents.
"We often hear the question, 'does the Power of Attorney need to be notarized in Texas?' The answer is yes; the document and any changes to it should be formally notarized. Once these steps are completed, Power of Attorney is validly granted."
Source: https://kretzerfirm.com/power-of-attorney-in-texas-everything-you-need-to-know
Please refrain from giving legal advice on this forum if you're not a practicing attorney.
When they prepared my father's estate plan, I was given 3 -4 (don't remember for sure) conformed copies of every document Dad signed. It was a lot easier when I had to provide them to various entities, although some were unfamiliar with a "conformed copy".
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