How can I be my grandmothers power of attorney agent? 9 Answers as of August 05, 2011

My grandmother is getting sick and wants me to be her power of attorney agent. What is the process and is there a place I can get a free durable power of attorney form that will cover financial and health care decisions for her.

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Law Offices of Timothy G. Kearney, LLC
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
Depending on your situation you may need several documents. The Durable Power Attorney will allow you to handle her day to day affairs and will be honored by most financial institutions, however, health care professionals will generally need an Appointment of Health Care Representative/Agent with specific HIPPA language before they will deal with anyone other than the patient.. She should also have a Living Will which conveys her wishes with respect to her care.
Answer Applies to: Connecticut
Replied: 8/3/2011
Majors Law Firm, P.C.
Majors Law Firm, P.C. | M. Jason Majors
Your grandmother will need to execute a Durable Power of Attorney for her finances and a Health Care Power of Attorney for her health care decisions. You may want to try to purchase the forms.
Answer Applies to: Wyoming
Replied: 8/3/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
There is no such thing as a "power of attorney agent." To become power of attorney, you need her to sign a power of attorney. While a form MAY be okay, there is a ton of useless garbage on the internet, and an incorrectly drafted or completed form may be useless. Additionally, there are some special arrangements outside the POA that should be done. So instead of spending $50 to $100 on an online POA that may be inadequate, or probably screwing up and finding a free one that likely was free because it is garbage, spend about $150 on a real lawyer to draft a proper POA suited to her circumstances.
Answer Applies to: Georgia
Replied: 8/3/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
A medical power of attorney or health care power of attorney can be obtained at a hospital through a social worker there. It is harder to find a power of attorney for finances without an attorney, but you may be able to find one on the internet.
Answer Applies to: New Hampshire
Replied: 8/3/2011
The Law Offices of Laurie E. Ohall, P.A.
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
Your grandmother will need to sign a Durable Power of Attorney stating that she wants you to be her agent and it should be signed in front of a notary and two witnesses. While there are "free" DPOA forms floating around on the internet, be careful because sometimes, you get what you pay for. If it is not executed correctly, or doesn't have certain language in it to allow you to do certain things for your grandmother (things that are specific to elderly clients such as filing for Medicaid benefits, creating a qualified income trust or personal services contract), you would have gone through all the trouble of locating a "free" form for nothing, and could cost yourself a lot more money in the long run. If your grandmother's income is low, you could try finding free legal services (try calling the courthouse to see if they offer free legal services to the elderly). You could also try calling the Elder Helpline at 800-963-5337 and they might be able to direct you to an agency that provides free legal services.
Answer Applies to: Florida
Replied: 8/3/2011
    Selleck Legal, PLLC
    Selleck Legal, PLLC | Stacey Selleck
    You can have an attorney draft a Power of Attorney (for assistance with finances) and a Designate Patient Advocate (for medical decisions). As long as your grandma is mentally competent at this time she can sign these documents and they can become effective upon signing.
    Answer Applies to: Michigan
    Replied: 8/3/2011
    Olson Althauser Samuelson & Rayan, LLP
    Olson Althauser Samuelson & Rayan, LLP | Todd S. Rayan
    She would have to execute a durable power of attorney as well as a medical power of attorney granting a person the power to make these decisions on her behalf. This has to come from her and cannot be at the request of a third party, whether it be you or someone else. If there are issues of competency, you would want to insure that she had some sort of proof that she was competent at the time of signing. Form Powers of Attorney are available at most office supply stores but you will be better served in the event of a contest or challenge having an attorney draft one for her.
    Answer Applies to: Washington
    Replied: 8/3/2011
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