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Question for Attorneys re: Durable POA
Posted on 12/8/22 at 3:18 pm
Posted on 12/8/22 at 3:18 pm
We are needing to establish a durable power of attorney for my mother’s affairs. Is there any benefit having someone generate it as opposed to printing a Louisiana specific from from the internet and having it notarized?
11
Posted on 12/8/22 at 3:23 pm to Wiseguy
The internet form is probably wrong - spend a little bit of money and do it right and have it cover your exact needs.
Posted on 12/8/22 at 3:38 pm to Wiseguy
I do estate planning. You definitely want the POA to be done by a lawyer if you live here in my state (FL). The forms you find for free or online (legalzoom) are normally garbage.
This post was edited on 12/8/22 at 3:39 pm
Posted on 12/8/22 at 3:39 pm to LazloHollyfeld
Agreed. Those internet sites are trash. They just see that you searched Louisiana and then plug that in to their crappy model and act like they have Louisiana forms.
Posted on 12/8/22 at 3:46 pm to Wiseguy
As someone who is the POA for my father get an attorney. Give them as much information on how you plan to handle certain aspects of her affairs.
Posted on 12/8/22 at 3:48 pm to Wiseguy
Hire a lawyer. You don’t want to have to pay one on the back end after damage is done.
Posted on 12/8/22 at 3:52 pm to NIH
Great. Thanks for the responses. I know some things are pretty straightforward and simple and a generic “one size fits all” form can work. Just wasn’t sure if this was one of those situations.
Posted on 12/8/22 at 3:53 pm to Wiseguy
If there’s time, setup a trust. POA’s can be contested.
Posted on 12/8/22 at 3:56 pm to Wiseguy
My brothers & I went to our lawyer and had a POA set up for our mom but banks and other financial institutions won't honor it. They say the POA has to be done on their paperwork by their lawyers.
Posted on 12/8/22 at 4:13 pm to PerplenGold
quote:
If there’s time, setup a trust. POA’s can be contested.
Sadly, there is nobody who would contest it. One child, husband recently passed away. It should be simple.
Posted on 12/8/22 at 4:14 pm to tss22h8
quote:
brothers & I went to our lawyer and had a POA set up for our mom but banks and other financial institutions won't honor it. They say the POA has to be done on their paperwork by their lawyers.
That doesn’t sound right.
Posted on 12/8/22 at 4:19 pm to Wiseguy
quote:Well, we're talking about Oregon, so who the frick knows?
That doesn’t sound right.
Posted on 12/8/22 at 4:22 pm to Wiseguy
quote:aka a POS POA?
as opposed to printing a Louisiana specific from from the internet
Pass
Pay a solon, son.
Posted on 12/8/22 at 4:25 pm to Wiseguy
Get an independent attorney that represents your mother.
Printing a form for your mother to sign with a notary can lead to potential challenges in the future.
Printing a form for your mother to sign with a notary can lead to potential challenges in the future.
Posted on 12/8/22 at 4:30 pm to tss22h8
quote:
My brothers & I went to our lawyer and had a POA set up for our mom but banks and other financial institutions won't honor it. They say the POA has to be done on their paperwork by their lawyers.
Most states have laws against this.
Posted on 12/8/22 at 5:14 pm to Wiseguy
Trust me, get it done the right way. You’ll save yourself problems down the road.
Posted on 12/8/22 at 6:07 pm to Wiseguy
Coming from a financial advisor… if that language isn’t correct then the banks and financial firms will reject it in a heart beat.
Posted on 12/9/22 at 11:26 am to Wiseguy
Banks only like their forms because they don't have a clue about the law. There is about a 1% chance that any form you find on the internet would accomplish what you want in Louisiana. I'm being generous with the percentage.
Get mom to a lawyer and have him draft the POA. (all powers of attorney are durable in Louisiana). If she's competent now, she can grant a poa.
Get mom to a lawyer and have him draft the POA. (all powers of attorney are durable in Louisiana). If she's competent now, she can grant a poa.
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