A durable power of attorney form could be critically helpful to the adult children of an elderly parent. In the sad instance of the parent suffering a stroke or other incapacitating medical condition, durable POA allows an adult child -- or whoever is chosen -- to be able to handle various financial and other affairs on behalf of the grantor. Those wondering if acquiring power of attorney is difficult should feel somewhat at ease. Simply signing a notarized power of attorney form executes the document. That said, there are additional steps that should be taken to ensure the form is accepted and not challenged.
Online Forms and Documents
Various online forms can be downloaded and used for power of attorney purposes. The text in the forms is supposed to cover all the points related to granting power of attorney powers. Those who download these forms should be aware that they might not necessarily meet all requirements for state rules and requirements. For example, specific language may be required in a certain state in order to exercise power of attorney rights with banks. This is not to say the document is useless, but the form may be incomplete, meaning the powers granted are incomplete.
Relying exclusively on the pre-written text of a generic power of attorney form might prove to be a mistake. Look into any additional text or commentary that must be in the form. If something important is missing from the text, taking the generic document to a print shop and having the necessary additional text edited into the body of the contract could prove helpful. A fully complete form is going to be more helpful than one that ends up being legally questionable due to omissions.
Check out forms available from a site like American Legal Forms to start this process.
Running the Form by a Lawyer
Once the document is signed by the relevant parties and notarized, it should be in effect. Regardless, running the POA form by a lawyer to determine any deficiencies would be a prudent investment. The document does need to be legally acceptable or else it could be rejected when invoked. A lawyer could review the document to ensure its validity and also to help with corrections if need be. Investing a small amount of money for an attorney's help just might avert a lot of problems -- and much more costly legal bills -- if the POA form is rejected at a time when it is needed the most.
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