Mom is declining fast and we need to do this while she still is cognitively able. We cannot afford a lawyer. I know it is the best way, but the fact is we do not have the money. If someone knows of very lost cost avenues to obtain one, please share. Otherwise, we are looking at getting notarized forms but my mom is in hospital at the moment and will most likely go back to a rehab facility until hopefully she is well enough to move back with family.
How difficult is getting a POA done when someone is in care without a lawyer?
Does anyone know if a witnesses can be present remotely?
Is it challenging to get a letter of competency?
Thanks.
I'd really urge you to go through an attorney - ESPECIALLY IF, your mom's mental capacity is in question. If not handled in this matter, the POA can easily be contested. I covered my *$$ in having an attorney (read: Third Party), who could attest to dad's mental state on the day he signed the document.
I would suggest you contact your local Council on Aging and see what they suggest who can help you with a POA and other legal documents.
The hospital provided the notary and witness.
They served as my legal documents until he died. Only the bank gave me a hard time but, honored them.
Honestly, I don't think anyone needs to spend hundreds or even thousands on these forms when the state AG provides them free of charge. Doesn't get more legal then the AG, they even have the state statutes listed on them, in case anyone questions the validity.
During a search for home care for my father, I found an outstanding company, with forms that were more realistic, thorough and appropriate than some of the online sites.
I've used NOLO in the past for other uses, and felt it was reliable, and actually backed by real attorneys, not just online lawyers. And yes, there is a big difference.
As to your specific question:
1. How difficult is getting a POA done when someone is in care without a lawyer?
A lot depends on whether you're already familiar with estate planning attorneys, your area, amount you can pay, pro bono attorneys, etc.
You might want to contact your county or state bar association, or research online, for pro bono estate planning (which covers the span of documents and issues), firms which provide services gratis. Some law firms also specialize in very reasonably priced documents, and they're good ones. Not all law firms are though.
And some of the big silk stocking firms also allow their attorneys to provide limited pro bono work.
2. Does anyone know if witnesses can be present remotely?
I've never heard this question raised, but it actually defeats the purpose of witnesses, who need to observe signatures as documents are being signed. Sometimes they need to provide identification as well, to verify who they are.
If documents would be signed at a hospital, or rehab, the attorney would most likely bring witnesses from her/his firm. In our case, I needed a quick set of estate planning documents when my sister's cancer metastasized more quickly than expected.
A top attorney for whom I had worked came to the hospital, gathered required information, had the docx prepared the next day and came back the following day for execution.
My father brought witnesses from his church, and the documents were executed in the hospital.
3. Is it challenging to get a letter of competency?
Can't speak to this; I've never been in this situation.
It would help to provide your general living area, or area of the hospital if it's different. More specific information could be provided on pro bono law firms (or organizations, including some law schools).
Some law firms also provide packages, more reasonably priced than law firms that cater to "individuals of high net worth".
Using a certified elder law attorney is of course, preferable, but the sources I mentioned above will do as a last resort -- better than no PoA at all.
You can get a NOLO Press book from your local library and help your Mom do a "do it yourself" POA, then have a mobile notary com to your Mom for the signing.
I am not familiar with letters of competency, but you could ask your Mom's doctor(s) if they are.
You could also ask the hospital social worker(s) if they have any suggestions about the POA. If anyone knows if there is a lawyer that does reasonably priced "house calls" for POAs in your area, it would be them.
Is there a concern about someone challenging the POA? It doesn't sound like there is a lot of money to fight over, but maybe there are contentious family members? If there are likely to be problems, you should at least find out what a lawyer would cost before ruling it out. If you just need a POA so you can deal with bureaucratic forms not involving you having access to her money, I would expect a challenge to be unlikely.
You can Google "Download POA forms" and "Traveling Notary in your city" and see what comes up.
I have no idea how challenging it may or may not be to get a letter of competency; it all depends on how willing your mom's doctor is to write one out.
Good luck!