Does an attorney have to draw up the power of attorney documents and why? 39 Answers as of November 30, 2015

Does an attorney have to draw up the power of attorney documents and why?

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O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, no, an attorney does not have to prepare a power of attorney because one may prepare one's own power of attorney document. However, in order to practice law and prepare a power of attorney document for someone else, one must be a licensed attorney.
Answer Applies to: Maryland
Replied: 11/30/2015
KEYL ADR Services, LLC | Mark D. Keyl
You can do it without an attorney. Their are forms out there that can be used.
Answer Applies to: Mississippi
Replied: 8/17/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Of course not. You can find them online. If you have any legal questions though, you'll have to pay an attorney for their advice.
Answer Applies to: Colorado
Replied: 8/13/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
No law requires that only a lawyer may draft a Power of Attorney. The benefit of having a lawyer do it is simply that he or she is likely to draft it in a way which will withstand a challenge.
Answer Applies to: Wisconsin
Replied: 8/13/2015
Novakov & Associates, PLLC
Novakov & Associates, PLLC | LINDA S. NOVAKOV
A party to a transaction is always able to draft a document. The problem comes with the form and language used - going to the internet to find a form can present many issues. The form may not comply with the laws of the jurisdiction in which you reside. If the powers are limited to a particular transaction, the document will need to limit the ability for the attorney in fact to sign for the benefit of the principal. If it is a general power, it needs to be specific and encompassing. If it grants powers for transactions dealing with real property, the form must be in recordable form. It should have a durability provision relating to the principal. Attorneys generally have the information needed to prepare a document that will serve the needs of the principal, and make sure that the Power of Attorney is enforceable in the jurisdiction. The cost for an appropriate document is minimal and the peace of mind is well worth the investment.
Answer Applies to: Kentucky
Replied: 8/13/2015
    Law Office of Martin A. Kahan | Martin A. Kahan
    If you want to do it yourself, you can get the forms online or at a stationary store that carries legal documents.
    Answer Applies to: California
    Replied: 8/13/2015
    Ronald K. Nims LLC | Ronald K. Nims
    No, power of attorney documents can be downloaded from the Internet. The only reason to use an attorney is to advise you on the affects of the power of attorney in your circumstances or to draft one that specifically meets your requirements.
    Answer Applies to: Ohio
    Replied: 8/13/2015
    Law Offices of George H. Shers | George H. Shers
    No. ?In California, about the only thing where you must be an attorney is representing some one else. ?You can find sample forms in various books; go to the Court library and ask the staff for help. ?An experienced attorney, however, can tell you what can go wrong, what has been over looked, whether you need the document, how to reduce the chance of someone successfully contesting it, etc.
    Answer Applies to: California
    Replied: 8/13/2015
    Law Office of Darin Kanfer | Darin J. Kanfer
    It is not legally required.
    Answer Applies to: Michigan
    Replied: 8/13/2015
    Law Office of John C. Farrell, Jr.
    Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
    Every state has very specific terms and requirements to include in the power of attorney. Additionally, the drafting of such a legal document is likely considered the practice of law.
    Answer Applies to: Massachusetts
    Replied: 8/13/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    There is no legal requirement of which I am aware that says that only a lawyer can draw up such a document. The public can't practice law without a license, but if you have a "form" of a POA that seems to fit your situation, there should be no legal reason I am aware of that would prevent you from modifying the "form" to fit your situation. It may be that it is smarter to have a lawyer draft same to be sure it covers all your situations and will more likely be accepted by whomever you will use it with, but I think the choice is yours? I do freely admit that this isn't my area of practice, so there could be others who respond differently and who may have specialized knowledge about this.
    Answer Applies to: Michigan
    Replied: 8/13/2015
    WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
    A power of attorney does not need to be drafted by an attorney. However, if it is anything but a simple transaction, you should consult an attorney.
    Answer Applies to: Georgia
    Replied: 8/13/2015
    Law Office of T. Phillip Boggess | T. Phillip Boggess
    It is not necessary. However, attorneys who work in the estate planning area have knowledge as to what needs to be in the power of attorney and how it needs to be executed.
    Answer Applies to: Illinois
    Replied: 8/13/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    You can draft it yourself, but you will probably not give the correct amount of power, especially if property or financial accounts are included.
    Answer Applies to: Montana
    Replied: 8/12/2015
    Law Office of Pamela Braynon | Pamela Y. Braynon
    It is not against the law for anyone other than attorney to construct a power of attorney. However, to ensure it is within the law, its probably best that an attorney does it.
    Answer Applies to: Florida
    Replied: 8/12/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    No; but it's a good idea to make sure it's legal and enforceable. Good luck.
    Answer Applies to: Alabama
    Replied: 8/12/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    No, an attorney is not necessary to establish a power of attorney. However, all state statutes must be satisfied to establish the power you have in mind and if they aren't, the authority of another do act on your behalf does not exist. If you are familiar with those requirements, you can draw the document up yourself.
    Answer Applies to: Nebraska
    Replied: 8/12/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    No, but unless you are familiar with the documents and have done it a lot, it would be smart to hire an attorney.
    Answer Applies to: California
    Replied: 8/12/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    No. Powers of Attorney do not need to be prepared by an attorney. However, it is best to consult with one if you have questions about the legality of the same and what powers are being given and when. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
    Answer Applies to: Nevada
    Replied: 8/12/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    A power of attorney is not a very difficult document to prepare, but the devil is always in the details. Whether an attorney might be necessary to draw up this document will depend on exactly what the power of attorney needs to do. For example, no point in drawing up a power of attorney to let someone else file bankruptcy for you, because anyway your slice it, a document like this will not be effective to accomplish the task.
    Answer Applies to: Nevada
    Replied: 8/12/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    No, but if you don't know how to do it, then how is it going to get done?
    Answer Applies to: Michigan
    Replied: 8/12/2015
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It's not mandatory, but if you have an attorney, who handles this kind of law, prepare the necessary documents, you know its done right. I guess a better response is: You get what you pay for.
    Answer Applies to: Washington
    Replied: 8/12/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Please be clear. I will prepare such a document if requested by a client.
    Answer Applies to: California
    Replied: 8/12/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You should have Power of Attorney documents prepared if you want them signed by another person who allow you to take action on their behalf.
    Answer Applies to: Connecticut
    Replied: 8/12/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Illinois has a statutory form Power of Attorney for Property and Power of Attorney for Healthcare. These statutory form documents should be used to establish the desired agency. There are choices to be made in the Power of Attorney forms and the implications of those choices need to be fully understood by the principal creating an agency relationship by signing a Power of Attorney. These choices may need to be explained by an attorney. The documents need to be witnessed and in the case of the Power of Attorney for Property should be executed in the presence of a notary public.
    Answer Applies to: Illinois
    Replied: 8/12/2015
    Stacy Joel Safion, Esq.
    Stacy Joel Safion, Esq. | Stacy Joel Safion
    No, he does not.
    Answer Applies to: California
    Replied: 8/12/2015
    Fox & Fox, S.C. | Richard F. Rice
    No.
    Answer Applies to: Wisconsin
    Replied: 8/12/2015
    Law Office of Kirk Buhler
    Law Office of Kirk Buhler | Kirk A Buhler
    If the attorney will work on your behalf (as if they were you) then yes. Power of Attorney documents can also be used for you to assign another person like your mother, father, sister etc to sign documents on your behalf. This is often used for medical purposes if you are incapacitated. They do not "have to", but they do if they are representing you.
    Answer Applies to: California
    Replied: 8/12/2015
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    No, but you should have an attorney experienced in this area of the law, such as an estate planning lawyer, practicing in the area of wills, probate, trusts powers of attorney and so forth.
    Answer Applies to: California
    Replied: 8/12/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Not necessarily, but an attorney is a good idea if you want to make sure it is done correctly. You might find forms on the internet but you have to makes sure the form you pick is valid in your state. There are also notary requirements.
    Answer Applies to: California
    Replied: 8/12/2015
    Banner & Witcoff, Ltd. | Ernie Linek
    A power of attorney document allows the "attorney" to act - legally - on behalf of the "person" named therein - and executed thereby. For example. in patent law - an inventor signs a power of attorney form to permit the attorney to file and prosecute a patent application for that inventor. If you want to give someone the legal authority to act for you - you can give that person your "power of attorney." So - your question really depends on the facts behind the question - which are unknown.
    Answer Applies to: Massachusetts
    Replied: 8/12/2015
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    No, but if you don't know what you want in the POA and why, you might be sorry if you try to do it yourself.
    Answer Applies to: Michigan
    Replied: 8/12/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    No. You can get form documents at the stationery store or online. These forms will be pages of closely spaced legal language, which you should probably understand before you give someone the power to do any financial transaction you could do. There are billions of dollars being stolen or misappropriated, sometimes by well-meaning people, using power of attorney. A power of attorney should only be signed as part of a general review of your estate plan, and only when you fully understand the nature of the powers you are giving to your agent. Then, you should insist that your agent have a conversation with your lawyer regarding what is right and proper to do using the power of attorney. Don't give away your property until you understand the nature of what you're doing. Unless, of course, you own so little, and have so little, that it's not worth a few hundred bucks paid to a lawyer to protect your property.
    Answer Applies to: Oregon
    Replied: 8/12/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    No - an attorney does NOT have to draw up POA documents. In fact, there is software out there that is inexpensive and can guide you in doing that. Additionally, you can go on-line and pull up sample POA documents that you might want to copy in part or in whole. Be certain, however, the POA is accurate, legal and enforceable. Good luck.
    Answer Applies to: Florida
    Replied: 8/12/2015
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Yes, if you want it to be correct.
    Answer Applies to: Colorado
    Replied: 8/12/2015
    Gates' Law, PLLC | Thomas E. Gates
    No, a attorney does not have to draft the power of attorney. There are many forms that you can find online. Some at no cost.
    Answer Applies to: Washington
    Replied: 8/12/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, its not required.
    Answer Applies to: New York
    Replied: 8/12/2015
    Andrew Gordon
    Andrew Gordon | Andrew Gordon
    They don't have to, but they should! If there is a mistake in this vital document, then all parties can be at risk!
    Answer Applies to: Illinois
    Replied: 8/12/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    No. But, you can draw them up at your own risk. Many are in State-sanctioned format and thus needing no attorney's drafting.
    Answer Applies to: California
    Replied: 8/12/2015
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