How do I get power of attorney? 14 Answers as of January 21, 2013

Do I need to pay a lawyer to get power of attorney on my 85 year old mom? What is involved to do this? Last week she was in car accident and hospital would not release her x-ray to me without power of attorney.

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Ashman Law Office
Ashman Law Office | Glen Edward Ashman
You cannot. A power of attorney is something she has to voluntarily give you. You cannot force people to name you.
Answer Applies to: Georgia
Replied: 10/4/2011
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
If you are in Oregon, for medical decisions you want to be the Health Care Representative, appointed on an Advance Directive. Or, you could simply get a HIPAA release form. For financial decisions, a power of attorney. In all these cases, you will need your mother to sign the document appointing you. In my opinion, it is well worth seeing a lawyer to get assistance whenever dealing with issues of caring for elders. There are usually considerations that go beyond simply getting a document signed, and it is important to get things right the first time.
Answer Applies to: Oregon
Replied: 8/11/2011
Martinson & Beason, PC
Martinson & Beason, PC | Douglas C Martinson II
You would need to hire an attorney to prepare one and have her sign it in front of a Notary and the attorney is most likely a Notary. She would have to be competent and know what she is signing.
Answer Applies to: Alabama
Replied: 8/11/2011
Law Offices of Timothy G. Kearney, LLC
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
Assuming your mother is lucid and of sound mind, the Power of Attorney can be prepared by an attorney or you can get a form online and have it executed in front of a Notary. A couple of words of caution however. It appears that what you need is not a standard ower of Attorney but a Healthcare Power of Attorney or Appointment of Healthcare Agent. A standard Power of Attorney will allow you to act in your mother's stead in day to day things like banking, etc.. However, due to the HIPPA laws, most Health Care providers will not allow you access to medical records or participate in health care decisions without the Healthcare Power of Attorney or Appointment of Healthcare Agent. I would suggest you see an attorney to prepare this document as the laws are continuously changing. If you need any further assistance in this matter my contact information is below. Good Luck.
Answer Applies to: Connecticut
Replied: 8/10/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
If you are looking for a Health Care Power of Attorney the hospital normally keeps those forms on-hand and you can work with a Social Worker to have it filled out correctly. If you are looking for a Financial Power of Attorney you should work with an attorney to ensure that the document will meet your requirements and the state law.
Answer Applies to: New Hampshire
Replied: 8/10/2011
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You do not state whether your mother is still mentally able to make her own health care decisions. You will want to inquire of her physician about her current capacity to make a power of attorney. If her condition is severe, you may know that she lacks capacity. If she has mental capacity necessary to make a power of attorney then she may do so. If she is lacks capacity, it is too late for her to make a power of attorney, and you will be limited to seeking a guardianship through the court system to obtain powers to make decisions and obtain data on her behalf. You do not need an attorney to draft a power of attorney or to initiate guardianship; however, many people prefer to work with an attorney to make sure it does correctly the first time.
    Answer Applies to: Nevada
    Replied: 8/10/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    You will generally need to have a lawyer draft an enforceable Power of Attorney. However, this is a relatively inexpensive document. They are usually included within a person's Estate Planning "package" (with a Will/Trust, Health Care Agent, etc.).
    Answer Applies to: Massachusetts
    Replied: 8/11/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    If your mom is conscious and coherent, most hospitals and medical facilities have a power of attorney form your mother would be able to sign. If she is not coherent, however, you may need to file for guardianship. A power of attorney can only be granted by a person who is aware and able to make that decision.
    Answer Applies to: Illinois
    Replied: 8/11/2011
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    You can draw up your own power of attorney if you know what needs to be in it. The public library might have some forms. However, beware of forms because they might not do everything you need done. The value of an attorney lies in knowing what to put in and what to leave out. And the requirements vary slightly from state to state, so a form that you get from, say, California, might not be sufficient in Utah.
    Answer Applies to: Utah
    Replied: 1/21/2013
    Olson Althauser Samuelson & Rayan, LLP
    Olson Althauser Samuelson & Rayan, LLP | Todd S. Rayan
    You cannot get a power of attorney for her, however, she can have a power of attorney drawn up granting anyone she chooses the power to act on her behalf if she has the capacity to do so. If she does not have the capacity to do so you would need to obtain a guardianship over her.
    Answer Applies to: Washington
    Replied: 8/10/2011
    Selleck Legal, PLLC
    Selleck Legal, PLLC | Stacey Selleck
    If your mother is mentally competent she can sign a document allowing you to be power of attorney. An attorney can draft this document for you. If your mother is no longer mentally competent you will have to petition the court to become her conservator and guardian. If the petitions are granted you will get letters of authority that give you the powers.
    Answer Applies to: Michigan
    Replied: 8/11/2011
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