Durable Powers of Atty

[Guest guest]

Since Adah brought up the Durable POA -

It's great to have a lawyer draw up POAs, but durable POAs and health

care POAs can be drawn up by average janes and joes, if you follow

carefully templates provided by the secretary of state's office in

the state that you live in. Otherwise, go to a lawyer. These are

not lengthy forms and any lawyer should be able to quote you a flat

fee for each type of form. Unless you live in NYC or LA or some

place like that, I'm thinking $300 - $500. Our office does simple

wills for $500.

Addy

Group co-owner

Standard disclaimers apply.

This message brought to you by the letters E and O and the number 5.

> Hello, all,

>

> My husband and I are going through a situation with his father, who

> has alzheimer's. I won't discuss it at length, but it has prompted

> me to start a new " soapbox " discussion.

>

> Just as it is important to have a will, it is important to have a

> health care power of attorney in place, especially for folks who

are

> aging or folks who have a serious or debilitating illness.

>

> A health care POA specifies that in the event one becomes unable to

> manage one's own health care, a designated person is named one's

> health care agent and able to make decisions on one's behalf. At

> least in NC, health care POAs must state that a specific doctor is

> responsible for determining if one has lost one's capacity to the

> extent that the health care agent must take over.

>

> In most cases is not necessary to get a lawyer to draw up a Health

> care POA. However, there are usually legal steps to follow. In NC,

> a sample health care POA is available at the website of the state's

> secretary of state. IN NC the health care POA must be witnessed by

> at least two people who are not related to the person signing, and

> the person signing must do so in front of a notary. Then the POA

> must be filed at the local register of deeds. It can sit there and

> not be used until such time as the specified doctor decides that

the

> individual can no longer make his/her own health care decisions.

>

> If there is no health care POA in place and an individual becomes

> incompetent before one can be executed, then in many states a

> guardianship hearing is required, even for the spouse to take over.

> That is an ordeal in itself.

>

> So, talk to your loved ones and friends. Having a health care POA

in

> place can save a lot of hardship and heartache at a difficult time.

>

> Addy

> Group co-owner

>

>

>

>

>

>

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