How do we get a power of attorney or patient proxy? 30 Answers as of September 03, 2012

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Victor Varga | Victor Varga
Have the person who wishes to grant POA authority execute a POA.
Answer Applies to: Maryland
Replied: 9/3/2012
Sebby Law Office
Sebby Law Office | Jayne Sebby
Some medical establishments have some generic forms but you're usually better off for enforcement purposes to have an attorney draft a power of attorney document that addresses your specific situation. The person who is granting the power must also sign the document, often in front of witnesses or a notary public.
Answer Applies to: Nebraska
Replied: 8/27/2012
Law Offices of Charles R. Perry
Law Offices of Charles R. Perry | Charles R. Perry
Both are documents that must be signed by the person granting someone else the power to make decisions. A lawyer can prepare both documents. Models that you can find on the Internet may be valid, but they should be used with extreme caution. For instance, models on the Internet may contain grants of powers that you do not want someone else to have. An attorney can fully explain what these documents mean, and what they let someone else do on your behalf.
Answer Applies to: California
Replied: 8/27/2012
Law Offices of Michael N. Stafford | Michael N. Stafford
Since I am an attorney I suggest you get the correct document from an attorney who can draft what you need.
Answer Applies to: California
Replied: 8/27/2012
Blough Law Office | Janis L. Blough
Any experienced attorney can prepare the documents you need. Often, forms are available from your legislator or any hospital, though hospital staff usually decline to help you execute the forms for liability reasons. I prepare a durable medical power of attorney and supply a few copies (you, doctor, patient advocate and alternate) for $200, and have received several compliments from physicians for the format I provide.
Answer Applies to: Michigan
Replied: 8/27/2012
    Frederick & Frederick PLC | James P Frederick
    The best way is to have an attorney draw up the forms for you. That way, you know the forms are properly drafted to comply with Michigan law, and you have someone that can assist you if you have any future questions or problems that arise. The cost of these forms is nominal; I usually charge $200-250 for a POA. This eliminates the need to go to probate for a guardian and/or conservator. Such proceedings can easily cost $2,000-3,000 or more. Please note that a POA can only be signed by someone who has sufficient competency to understand what they are signing. If that is NOT the case, then you are likely stuck with probate proceedings.
    Answer Applies to: Michigan
    Replied: 8/27/2012
    Law Offices of Gerald A. Bagazinski
    Law Offices of Gerald A. Bagazinski | Gerald A. Bagazinski
    An Attorney can draw these up for a nominal fee. The client would be the principal. The Patient Advocate Agreement (Health Care Power of Attorney) can help avoid the necessity of setting up a guardianship in many circumstances. The Power of Attorney can help avoid the necessity of setting up a conservatorship. If you have any questions, please contact me.
    Answer Applies to: Michigan
    Replied: 8/27/2012
    Law Office of Walter Johnson
    Law Office of Walter Johnson | Walter Johnson
    Contact an Estate Planning attorney and they can prepare those documents for you. A financial power of attorney is often called a General Durable Power of Attorney. This allows you to select an agent to make decisions on your behalf for financial decisions. A health care power of attorney is called an Advance Directive. This allows you to select an agent to make decisions on your behalf for decisions involving your doctor or hospital. If you don't want to hire an attorney, you could probably obtain those forms online. But be sure to complete the forms correctly and be sure that they are executed properly or they won't work when it comes time to rely upon them and at that point it will be too late to correct them.
    Answer Applies to: California
    Replied: 8/27/2012
    John C. Schleiffarth, P.C. | John C. Schleiffarth
    I can prepare a health care power of attorney for you which would also be compliant with HIPPA privacy regulations. I suggest you have this done by an attorney.
    Answer Applies to: Missouri
    Replied: 8/27/2012
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Go to a lawyer and have one prepared for you; a estate planning lawyer or probate lawyer should be able to handle your request pretty easily.
    Answer Applies to: California
    Replied: 8/27/2012
    Doland & Fraade | Michael Doland
    First you need to decide what you want. A power of attorney, and if so, general or special, and then if "durable" with provisions for health care. Numerous medical associations have sample forms online. Using an attorney would be relatively low cost.
    Answer Applies to: California
    Replied: 8/27/2012
    Bruning & Associates, PC
    Bruning & Associates, PC | Kevin Bruning
    To get a power of attorney established, a competent individual has to sign a form designating other people to act as an agent for them to make healthcare decisions if they become unable to do so themselves. If the person you are trying to care for is already incapacitated and unable to sign such a document, you may need to try to establish guardianship instead.
    Answer Applies to: Illinois
    Replied: 8/27/2012
    GOLD & ASSOCIATES, P.C.
    GOLD & ASSOCIATES, P.C. | KENNETH GOLD
    Michigan has two kinds of powers of attorney-one for finances and one for health care. I recommend speaking to an estate planning attorney to discuss your needs which may also include a Will and/or a Trust. If I can help please contact me.
    Answer Applies to: Michigan
    Replied: 8/27/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Perhaps $250, including some counseling time.
    Answer Applies to: Michigan
    Replied: 8/27/2012
    Law Offices of Frances Headley | Frances Headley
    There are pre-printed forms that you can use but you should consult an estate planning attorney to help you determine what provisions are best for you. That person can also produce a customized form for you that will exactly suit your needs. The cost of preparation is modest.
    Answer Applies to: California
    Replied: 8/27/2012
    Hunter Law Offices, PLLC
    Hunter Law Offices, PLLC | S. Christopher Hunter
    A power of attorney is given by the person who the POA is for. They must decide whether or not they want to sign one and who they want to be their agents. The individual must also be legally competent to sign a document when the POA is signed.
    Answer Applies to: Michigan
    Replied: 8/27/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    If the patient is coherent there is a Durable Power of Attorney for Health Care Decisions form in the Nevada Revised Statutes that you should use. If the patient can't take care of their affairs go for guardianship.
    Answer Applies to: Nevada
    Replied: 8/27/2012
    The Smalley Law Firm, LLC | Cary Smalley
    An attorney can prepare one for you. I would be happy to visit with you about this and offer a free initial consultation.
    Answer Applies to: Kansas
    Replied: 8/27/2012
    The Law Office of Eric J Smith
    The Law Office of Eric J Smith | Eric Smith
    Three options most reliable to least: Any attorney should be able to draft these documents for you or point you to one who can. I do their Texas equivalents. Your doctor's office or hospital may offer forms that serve this purpose. Lastly, you might just google the document including your state.
    Answer Applies to: Texas
    Replied: 8/27/2012
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    The power of attorney or health care surrogate designation must be signed by the person who is appointing someone to act in his/her capacity. If that person is unable to sign (because they are incapacitated), then your only alternative may be to file for guardianship. While you can purchase forms online or at an office supply store, it is always a good idea to have an attorney prepare the power of attorney and health care surrogate designation because the attorney will ensure that it is prepared correctly, has all the wording required by Florida law (some "forms" may be outdated and not comply with the changes to Florida law which went into effect October 1, 2011), and that the documents are executed correctly.
    Answer Applies to: Florida
    Replied: 8/27/2012
    Horn & Johnsen SC
    Horn & Johnsen SC | Dera L. Johnsen-Tracy
    In Wisconsin, you can find the basic forms on the Department of Health Services website.
    Answer Applies to: Wisconsin
    Replied: 8/27/2012
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, a statutory form(s) power of attorney can be found in the Estates and Trusts Article, and a form for an advance directive (with living will) can be found in the Health-General Article of the Maryland Code. An advance directive form and instructions may also be found on the MD Office of Attorney General's website. It is wise to consult with an attorney knowledgeable in this area because your goals may vary, and you may want/need something different than what is in a form document.
    Answer Applies to: Maryland
    Replied: 8/27/2012
    Whiteford, Taylor, & Preston | Edwin Fee
    Statutory financial power of attorney forms are available on the website for the Maryland State Bar Association. Statutory health care directive forms are available on the website of the Maryland Attorney General. None of the forms are mandatory, and each individual's situation is different. Accordingly, consultation with an attorney may be helpful.
    Answer Applies to: Maryland
    Replied: 8/27/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The principal, i.e., the party granting the Power of Attorney or designating a health care agent, signs a document granting the power. If the principal is not of sufficiently sound mind to sign such a document, you would need to seek guardianship powers through the appropriate court.
    Answer Applies to: Minnesota
    Replied: 8/27/2012
    Law Offices of Karen Davidson | Karen Davidson
    This can be prepared by an attorney to suit your needs.
    Answer Applies to: Rhode Island
    Replied: 8/27/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    The person giving the power of attorney has to sign the document which has to comply with the law.
    Answer Applies to: Michigan
    Replied: 8/27/2012
    Martinson & Beason, PC
    Martinson & Beason, PC | Douglas C Martinson II
    You should talk to an attorney to get a Power of Attorney. While you can do them yourself, an attorney typically doesn't charge much more than Legal Zoom and if there are any questions on the execution or validity, it is best that an attorney prepared it and can defend it. As the Agent or Attorney, you need to be aware that you must keep accurate records and only use the assets of the person for his or her benefit. On the Health Care Proxy or Living Will (Advanced Directive), you can get one of those at the hospital. It needs to be witnessed by 2 people. Some of the language and choices can be difficult to understand, so you could ask the attorney who handles the Power of Attorney to explain that if you have any questions.
    Answer Applies to: Alabama
    Replied: 8/27/2012
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    A healthcare proxy or living will and/or a power of attorney can easily be prepared by an attorney. The person giving the authorization must agree to give someone else such power and a written document is required.
    Answer Applies to: Georgia
    Replied: 8/27/2012
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    A competent person can grant a Power of Attorney in writing. He can give a little or as much authority as he desires. If a person is NOT competent then a petition in probate court must be filed and the court will grant the power of attorney.
    Answer Applies to: Georgia
    Replied: 8/27/2012
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