Need Help Fast with creating a Power of Attorney

[lookin4info]

My mother and I are going on a field trip tomorrow to make me her Power of Attorney. I heard it can be hand written or typed and then just needs us both to sign it with a Notary. Is this correct, or am I way off. Would a hand written or typed letter be legal. I was told then, all we had to do was send copies to whoever needs to have it on file.

This would be both medical and for personal affairs if she should become unable to make decisions. I'm at a loss here.

I appreciate any help you all can give.

Oh, and if the above would be legal, is there any special info that it needs to include?

Thanks!

[LadyInTheRed]

The laws regarding powers of attorney will vary by state. A medical power of attorney, also sometimes called an advanced health care directive, is a separate document from a financial power of attorney. I assume when you say "personal affairs" you mean financial issues.

I did a google search and found the following links that will help with an Ohio power of attorney for health care:

http://www.proseniors.org/Law_Library/Health/Health%20Care%20POA.pdf

https://lawhelpinteractive.org/login_form?template_id=template.2008-04-04.2247029142

For a financial power of attorney try: http://codes.ohio.gov/orc/1337.18

Google "Ohio Power of Attorney" to find more info.

[tobee43]

The laws regarding powers of attorney will vary by state. A medical power of attorney, also sometimes called an advanced health care directive, is a separate document from a financial power of attorney. I assume when you say "personal affairs" you mean financial issues.

I did a google search and found the following links that will help with an Ohio power of attorney for health care:

http://www.proseniors.org/Law_Library/Health/Health%20Care%20POA.pdf

https://lawhelpinteractive.org/login_form?template_id=template.2008-04-04.2247029142

For a financial power of attorney try: http://codes.ohio.gov/orc/1337.18

Google "Ohio Power of Attorney" to find more info.

also, Lady isn't a POA more likely to be specific (just covering one or two areas) than a Durable POA which usually is more detail when outlining financial powers etc.? i also understand they vary by state and actually many times by atty's. the site Lady as provided certainly are wonderful guidelines.

most of the time a living will or a POA would only cost very little for a probate or an estate planning atty to do for you here they run ads all the time for specials LOL!!! but then again i'm in florida, the lauching pad to heaven ...you can even get cremated for a discount if you have the right coupon.

[LadyInTheRed]

also, Lady isn't a POA more likely to be specific (just covering one or two areas) than a Durable POA which usually is more detail when outlining financial powers etc.? i also understand they vary by state and actually many times by atty's. the site Lady as provided certainly are wonderful guidelines.

A durable power of attorney is one that remains effective upon the incapacity of the person executing it. A power of attorney that is not durable can cover the same things as a durable power of attorney and a durable power of attorney can be for one or two specific purposes. If a power of attorney does not specifically state that it remains effective in the event of incapacity, it is not a durable power of attorney.

[tobee43]

A durable power of attorney is one that remains effective upon the incapacity of the person executing it. A power of attorney that is not durable can cover the same things as a durable power of attorney and a durable power of attorney can be for one or two specific purposes. If a power of attorney does not specifically state that it remains effective in the event of incapacity, it is not a durable power of attorney.

i guess that would cover death as well as incapacity?? or when and if, one does become incapacitated, now does all instruction defer to the will or a pass through will then trust?

[LadyInTheRed]

i guess that would cover death as well as incapacity?? or when and if, one does become incapacitated, now does all instruction defer to the will or a pass through will then trust?

All powers of attorney become void upon death. You never go to the Will until death. If an incapacitated person has a trust, the provisions of the trust should provide for the succession of a trustee upon incapacity (assuming the incapacitated person is the trustee, which is usually the case for common revocable estate planning trusts). Sometimes the successor trustee gets to decide when the person is incapacitated. Sometimes the trust requires the treating physician's certification. Or, a specific person or group of people may be designated to decide when the person is sufficiently incapacitated to require a successor trustee. It's up to the Trustor at the time the trust is drafted. If the trust was poorly drafted and there is no provision for successor trustee, it may be necessary to go to court to have a successor trustee appointed.

[tobee43]

what about if it has a co-trustee on the trust but not listed as a "successor"...i mean does that word have to be used?

[LadyInTheRed]

what about if it has a co-trustee on the trust but not listed as a "successor"...i mean does that word have to be used?

The term "successor" doesn't have to be used. The language in the trust agreement may just say "If Jane Smith for any reason ceases or is unable to act as trustee, Jessica Smith shall act as trustee." But, by definition, the person who is appointed to replace an incapaciated or dead trustee is a sucessor trustee. If the trust has two "co" trustees and one becomes incapacited, the other can usually still conduct the affairs of the trust. But, maybe not. It depends on the terms of the trust. A trust with two trustees may require the action of both trustees to do anything and may not allow there to ever be only one trustee. If the terms of the trust are silent on such issues, state law may have a default provision. If not, interested parties have to petition a court to determine who is/are the trustee(s) in a particular circumstance.

But, the original question is about powers of attorney. In California, a trustee cannot use a power of attorney to appoint somebody to carry out their duties as trustee, unless the terms of the trust specifically allow it, which is rare in my experience. I wouldn't be suprised if the law is similar in other states.

[tobee43]

The term "successor" doesn't have to be used. The language in the trust agreement may just say "If Jane Smith for any reason ceases or is unable to act as trustee, Jessica Smith shall act as trustee." But, by definition, the person who is appointed to replace an incapaciated or dead trustee is a sucessor trustee. If the trust has two "co" trustees and one becomes incapacited, the other can usually still conduct the affairs of the trust. But, maybe not. It depends on the terms of the trust. A trust with two trustees may require the action of both trustees to do anything and may not allow there to ever be only one trustee. If the terms of the trust are silent on such issues, state law may have a default provision. If not, interested parties have to petition a court to determine who is/are the trustee(s) in a particular circumstance.

But, the original question is about powers of attorney. In California, a trustee cannot use a power of attorney to appoint somebody to carry out their duties as trustee, unless the terms of the trust specifically allow it, which is rare in my experience. I wouldn't be suprised if the law is similar in other states.

sorry to pick your brain so much on this i'm dealing with another complex calif. trust issue and appreciate your input just to help me understand it thanks!

[LadyInTheRed]

No problem. This stuff is second nature to me.

[tobee43]

No problem. This stuff is second nature to me.

why did i know that!

[lookin4info]

Wow, thanks a lot for all the input. Everyone's info was very helpful. I did check out the Ohio website and found that the state of Ohio does not require the POA to be filed with the court or anything. I found a sample one on line, amended it, and took it to our bank. It was notorized and all is well, it is Durable, but we are doing a medical one as well next week. This forum is helpful beyond expectations! Thanks all