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As I cringe at the cost of an attorney to write a will and/or POA, here's a suggestion that's the best of both worlds: do your research on wills and POAs (online and books in the library). Write your own or use an online service. Then pay for an estate attorney to review them to ensure the documents are correct and contain no pitfalls for your situation and estate.
That's what I did with my living trust. I researched, wrote my own, then had an estate attorney review it. He made one small recommendation, if I recall correctly, and the bill was reasonable.
We used a Document Preparation service which was a group of Legal Document Assistants. The owner of this company was also a Paralegal who was extremely knowledgeable and helpful, and patient with all my questions. We were able to do medical and financial POA's and Advance Medical Directives, Last Will and Testament, and a Revocable ("Living") Trust and deed our house to the trust. They were much less expensive than an attorney, and I had full confidence in them. They were recommended by two different real estate firms, so that may be a good place for you to ask for a recommendation of a reliable local service.
The social worker that officed with my mother's PCP provided me with a list of attorneys in her area that did POAs. My mom had already had her will done through her job before she retired, but the attorney who does the POA can also do the will. Have you tried using a paralegal?
I was able to get a POA for free thru my county council on aging. Living wills can be printed out online. Might also get the forms for estate planning but then they have to be filed.
DO IT RIGHT and see a proper attorney!! You will have a far worst headache if it's not done right in accordance to your state laws. You can only do POA when the loved one is still cognizant; otherwise, it will require a court-appointed guardian.
Cetude -- you are so right. I have a top attorney in th estate-planning field. He usually charges $2,500, but because he is handling another legal matter for me, he's charging me $1,500. I think that's the average for an average attorney. I worked for attorneys for nearly 30 years, and I still think it is best to hire someone who knows the legal ropes in my state.
Go ONLINE to Suze Orman.com - she has a wonderful packet that you can print out all the legal documents you need and they can be changed as often as you need for the rest of your life. I have changed my will at least three times and the other documents as well for One price for a lifetime. Best resource ever!
There are certain situations in life which truly require more than the "mass printouts" available on line. And the situation with your and her estate and your family will play a big part. This is one of those times that you must come up with the money to have a true professional who is experienced in elder care step in. Don't be pennywise and foolish - you will come to regret it down the road.
As others have said, if you have a fairly uncomplicated estate and set of beneficiaries you may not need an attorney. I find that the Nolo series of books for estate planning and wills and trusts are useful because they go further than just providing template documents. They explain why you may want to make certain choices and flag issues where seeing an attorney is recommended. The problem with simply finding forms on the internet is that you won't know if there are problems lurking until it's too late. The Nolo books may be available at your library so you could use them for free. They also have a whole series of online products, such as software, but I've not tried any of those.
There are very different answers here for good reasons. Here’s a way to approach it. How big is the estate? To answer that question, first deduct the things that won’t go into the estate: joint property, superannuation and life insurance policies with a binding death nomination of who is the beneficiary, and bank accounts with a nominated beneficiary. How much is left over to be left by will? How complicated is it? A house and plus other investment properties? Trust interests? Assets out of state? How complicated are the potential beneficiaries? Dependent relatives, family infighting, people who might die first? What the requirements are in your state? Two witnesses who aren’t beneficiaries both signing in the presence of each other and also both witnessing the testator signing (almost certainly)? Notarised, registered somewhere? Who will be Executor – and remember the questions about family infighting and people who might die first?
If at the end of this, you can see that it’s all really small and simple, you may do quite well with a newsagent form or a website. If you have any doubts, pay a lawyer who will give you advice about organising the estate as well as making a will. If it’s complicated, the upfront cost is worth it.
It depends in part on how complicated the estate is. I am assuming you are doing this will for yourself? If you helping your parents, I think it could be more complicated. We did not have a will for 37 years of our marriage; just never got it done. But we have some money in the bank, a house, and 2 grown children. We did a trust and a will with POA. The only thing I think I might go back and change is where is says the trustee who is my daughter, can take over when my husband and I are no longer competent. My inlaws are not competent but we had to get them evaluated and get letters from doctors to state that before we could even do simple things like change the address where the mail goes. So I want to fix that on ours. We did use a lawyer; not an elder care lawyer tho. I just did not want to do the online thing but it will be cheaper.
I found this on-line about do-it-yourself Wills or on-line legal companies: "While do-it-yourself wills can be enticing due to their low cost, they are low cost for a reason. Fact of the matter is that they are not tailored to individual life situations."
"Using a template, which though flexible could allow users to unwittingly introduce a clause that might contradict other elements of the document and render it open to dispute. "
"Do it yourself" documentation is that no one out there would probably challenge it. Notarizing it just means the notary public is verifying, with proper identification, this is you who is signing. But what makes it legal? You need to go the elder attorney route for these documents. Keeps everyone legal & safe.
Person at mom’s bank told us to go to office supply store to buy durable POA paperwork . We filled it out, went to bank where it was notarized. It was not so bad, and not expensive, and definitely legal. The same office supply store has a whole section of forms and documents, which come with instructions. Even for wills. Check it out!
We did ours at our local Credit Union. They had forms and a notary right there. No charge for members. I have had to use the POA and it was accepted with no questions asked.
We went the lawyer route and then they backed out, refused to sign. When things were better, and they were willing again, we used legal zoom and found the documents almost identical to what had been prepared by the attorneys.
As all answers indicate here, it is extremely important that this be done right and by someone who either specializes in wills and estates, or an elder law attorney. If there is any senior center in your town there may be there a list of attorneys who will help at a minimal rate, or sliding scale rate. I know it is a huge expense. But crucial it be done correctly.
Today, all these type of legal documents are boiler plate. Go on line to Legal Zoom or Rocket Lawyer select your state and you can do it yourself for under $100.
Just be very careful to make sure it will hold up and is properly notarized. Your local city hall or AAA may have a notary. THere are some elder law attorneys, probably a rarity, who will do work based on the task, i.e. a POA is X number of dollars as opposed to charging by the hour. Or try Legal Aid or ask for a referral if they can't help.
The state you live in will dictate how simple or complex as well as if there is real property involved. The law changes regularly and the documents need to be updated every few years, so having an attorney involved helps. I totally agree that you get what you pay for. We had docs drawn up by one attorney, then we moved to a different part of the state and bought a new home. We discovered that the first lawyer wrote something that my husband would not want at all. He did not catch it, but the new lawyer did! Yes, second time was far more expensive, but she was far more competent and guided us through the process in a clear and thoughtful manner. She gave us a list of all the things we needed to change in our financial holdings that the first one never even touched on. If you don't have real property or a big estate, then you may not need a trust, just a will, medical directives and DPOA documents. But if the estate is sizable or there is property, my advice is that you do it the right way.
Legal documents are one of those areas where it's a case of "you get what you pay for". I know the price hurts, but trying to untangle a badly drawn Will or POA will be 10x worse. Case in point, my husband's grandmother passed away in 2012 and the estate still hasn't been sorted out and it wasn't a huge estate. There is absolutely zero left to distribute because all funds and assets have gone in legal spend trying to unpick the cheap generic Will she had that a well-meaning friend had helped her complete.
Contrast with my late father, usually a miserly individual. He had a properly drawn Will and POA. Probate granted in 4 months and estate fully wound up in 5 months.
Get recommendations, go and talk to the lawyers, and pick the best one you can afford.
I remember seeing my parents Will and it was filled with landmines, as my parents didn't use an Elder Law Attorney to have it drawn up. So I quickly got my parents over to my Elder Law Attorney who re-did the Wills, a huge difference. And a huge relief to me, as I probably would have asked to be part of the witness protection program before I would have dealt with their old Wills.... [sigh]
All it takes is one missing word or one misplaced word to make a simple Will very complex.
Most lawyers use a form that they use over and over with minor changes to fit the client. ie names and contact info .. I personally had a will drawn by a lawyer then had to change the will because of some issues with the dpoa, hired an alder lawyer for twice the amount of the original will., when it was done it was primarily exact same wording . Most reputable alder lawyers will give a flat fee unless there are some unusual circumstances
My POAs are not 19 pgs long. The Medical is a little longer but it reads like a living will.
With the problems that some people have with using a POA, I would spend the money and make sure its done right. If your state requires it to be filed good. My lawyer has copies of mine.
There are template forms you can use for both. Free but obviously they will be pretty generic.
Try Willmaker from the makers of TurboTax. They will ask you pretty much the same questions a lawyer would and generate a will and POA based on that. You may be able to do this free by checking it out from your local library. This is what I did. No one has ever questioned any of the forms including the healthcare directive.
Check to see if there is a free elder law clinic in your area. In mine, there are two. They will make a simple will and poa for you for free.
Dreisenwitz, when it comes to Power of Attorney, the attorney will be asking a lot of questions. My POA is 19 pages long, so my Will is probably many pages more. Thus, preparing such legal paperwork is time consuming, thus the reason why Attorney's charge what they do.
If you do use an Attorney, be sure to go to an "Elder Law Attorney" as they specialize in everything related to laws regarding us older folks :) The attorney may even suggest you get a Medical Directive which is a guide toward what you wish to have done during your final months. I was so very glad both my parents had such a document.
If you are unable to budget for this legal paperwork, you might try Legal Aid to see what is the cost for a Will and POA.
Mine are about the same length that were generated based on the questions Willmaker asked. I don't think there's much novel going on in will or POA making. Just like with a real estate agent, they ask questions and plug in the answers.
I've looked at wills generated by Willmaker and a high dollar lawyer. I don't see much difference.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
That's what I did with my living trust. I researched, wrote my own, then had an estate attorney review it. He made one small recommendation, if I recall correctly, and the bill was reasonable.
Bar Association in your State
or, I did VERY well at:
https://www.elderlawanswers.com
How big is the estate? To answer that question, first deduct the things that won’t go into the estate: joint property, superannuation and life insurance policies with a binding death nomination of who is the beneficiary, and bank accounts with a nominated beneficiary. How much is left over to be left by will?
How complicated is it? A house and plus other investment properties? Trust interests? Assets out of state?
How complicated are the potential beneficiaries? Dependent relatives, family infighting, people who might die first?
What the requirements are in your state? Two witnesses who aren’t beneficiaries both signing in the presence of each other and also both witnessing the testator signing (almost certainly)? Notarised, registered somewhere?
Who will be Executor – and remember the questions about family infighting and people who might die first?
If at the end of this, you can see that it’s all really small and simple, you may do quite well with a newsagent form or a website. If you have any doubts, pay a lawyer who will give you advice about organising the estate as well as making a will. If it’s complicated, the upfront cost is worth it.
"Using a template, which though flexible could allow users to unwittingly introduce a clause that might contradict other elements of the document and render it open to dispute. "
Food for thought.
You need to go the elder attorney route for these documents. Keeps everyone legal & safe.
I totally agree that you get what you pay for. We had docs drawn up by one attorney, then we moved to a different part of the state and bought a new home. We discovered that the first lawyer wrote something that my husband would not want at all. He did not catch it, but the new lawyer did! Yes, second time was far more expensive, but she was far more competent and guided us through the process in a clear and thoughtful manner. She gave us a list of all the things we needed to change in our financial holdings that the first one never even touched on.
If you don't have real property or a big estate, then you may not need a trust, just a will, medical directives and DPOA documents. But if the estate is sizable or there is property, my advice is that you do it the right way.
Contrast with my late father, usually a miserly individual. He had a properly drawn Will and POA. Probate granted in 4 months and estate fully wound up in 5 months.
Get recommendations, go and talk to the lawyers, and pick the best one you can afford.
All it takes is one missing word or one misplaced word to make a simple Will very complex.
It doesn't have to be complicated to be valid and legal and thorough.
Attorneys are great for using 30 words when 2 would have been sufficient. That's how they justify their fees.
With the problems that some people have with using a POA, I would spend the money and make sure its done right. If your state requires it to be filed good. My lawyer has copies of mine.
Try Willmaker from the makers of TurboTax. They will ask you pretty much the same questions a lawyer would and generate a will and POA based on that. You may be able to do this free by checking it out from your local library. This is what I did. No one has ever questioned any of the forms including the healthcare directive.
Check to see if there is a free elder law clinic in your area. In mine, there are two. They will make a simple will and poa for you for free.
If you do use an Attorney, be sure to go to an "Elder Law Attorney" as they specialize in everything related to laws regarding us older folks :) The attorney may even suggest you get a Medical Directive which is a guide toward what you wish to have done during your final months. I was so very glad both my parents had such a document.
If you are unable to budget for this legal paperwork, you might try Legal Aid to see what is the cost for a Will and POA.
I've looked at wills generated by Willmaker and a high dollar lawyer. I don't see much difference.