My sister and I were asked by our elderly parents to draft a POA (one for each of them) that would be for all purposes and continue throughout any physical and mental incompetence. They also want us to do separate POA's although they're married.
From my reading, a Durable POA looks like what we need and we need to word it so that each of us (my sister and I) have equal Authority, meaning one or the other can make decisions.
We all live in NC although in different counties. Also, we cannot afford an attorney.
Thanks so much for your time.
The typical cost for professionally-drafted Durable Powers of Attorney is very low and the benefit of having a lawyer prepare these kinds of documents is well worth the investment when you consider the many ways that an invalid or improperly prepared Power of Attorney can come back to haunt your parents, with the high cost of a guardianship being one distinct possible outcome. Do your parents own a home? If so, then having a good Durable Power of Attorney may be absolutely essential if one of the parents should ever come to require skilled nursing care in the future. You've posted this question under Winston-Salem and if that is where your parents live, then you might want to have them look into seeing if they might get free legal assistance from the Wake Forest University's Elder Law Clinic. Here is a link and I believe you will find application process under the "services" tab on their page: http://elder-clinic.law.wfu.edu/ Your parents might also qualify for help from the local Legal Aid of North Carolina office. I would at least investigate these options or just see what a private attorney might charge before attempting to draft legal documents without assistance.
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A Durable Power of Attorney will suit your stated purpose, but you should seriously consider retaining counsel to draft it for you.
You might be surprised to find that it is not as expensive as you think. Contact your local county bar association for quotes.
Yes you would want to durable power of attorney, the durable part means that it works when their incapacitated, if it is not durable then it will not work when they are incapacitated. You can get a statutory form to fill out, But again if you fill it out incorrectly or do not choose the correct form then it may not serve you in the future. Investing in proper estate documents now will save you money in the future. If you don't get a properly drafted power of attorney now then you will need to get a guardianship in the case of incapacity and that will cost you multiple times more than a power of attorney.
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