![]() Sibling disagreements can quickly derail an aging parent’s care and finances.Ī lawyer’s expertise is also helpful in tailoring a power of attorney to meet a client’s needs. With this type of POA, all agents must act jointly and come to agreement on each matter before any action can be taken. ![]() This is known as a joint power of attorney and can be highly problematic. Therefore, attorneys (myself included) don’t normally recommend naming multiple adult children on a POA document to share the role of agent for an aging parent. For example, family issues are the most common cause for POA disputes. Professional legal advice is invaluable when it comes to avoiding common mistakes and POA pitfalls. In many cases, having an attorney prepare POA documents provides added peace of mind. In addition to creating the document itself, a knowledgeable attorney can discuss how the document works, take their client’s concerns into consideration, explain what powers the agent can exercise, and ensure the verbiage in the document reflects the client’s wishes and is in line with current state laws. For example, if there is conflict over who should be appointed as the agent, or if the principal has a complicated financial situation, it might be wise to hire an elder law attorney or an estate planning attorney to draft this legal document. While free or low-cost POA documents may suffice in uncomplicated situations, some circumstances require professional legal counsel. Should I Hire a Lawyer to Draft My Power of Attorney? There may be additional travel fees associated with notary visits. Fees range from $2 to $10 per signature and some notaries will come to clients who are hospitalized or otherwise unable to travel. Most states set maximum fee limits for basic notarial acts to keep prices reasonable. If you choose to get a free POA form online or through a legal aid service, then the only costs you incur may be for notarization. This will help ensure that all entities an agent must deal with (banks, insurance companies, etc.) will accept the document as valid. It is still advisable to have a POA document notarized even if the state does not require it. For more information, please call 58 or visit our website at many states, these forms must be notarized in order to be enforceable. The notary public includes a notation that the signature is being affixed under Section 33.įollowing this procedure, an incapacitated individual such as a stroke victim or a quadriplegic, retains the freedom and power to create or modify any estate planning documents with the assistance of a notary.Īn experienced estate planning attorney can help you navigate the strict and nuanced estate planning laws.The person is in the physical presence of the notary public and.The notary public is permitted and directed by the person to sign his or her name.Section 33 of the Michigan Notary Public Act allows a notary public to sign the name of a person who is unable to sign due to limited physical capacity if: However, the Michigan Notary Public Act has a provision to address this situation and allows a mentally competent person who is physically disabled to affix the necessary signature for estate planning documents. So what happens if you’re unable to sign a document? How does an incapacitated person sign a will or trust?įar too often, individuals of sound mind who are involved in accidents or who are afflicted with medical conditions are faced with the concern of how to manage their estate when they are unable to sign a document. It is important that no corners are cut when signatures are applied to estate planning documents, as forged or otherwise fraudulent documents may not hold up in court. The signing of legal documents such as a will and trust is subject to very strict requirements, and for good reason.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |