QUESTION
Does an attorney have to draw up the power of attorney documents and why?
Asked on Aug 12th, 2015 on Personal Injury - Washington
More details to this question:
Does an attorney have to draw up the power of attorney documents and why?
28 ANSWERS
Of course not. You can find them online. If you have any legal questions though, you'll have to pay an attorney for their advice.
Answered on Aug 13th, 2015 at 1:40 PM
Real Estate Attorney serving Florence, KY
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Linda S. Novakov & Associates, PLLC
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A party to a transaction is always able to draft a document. The problem comes with the form and language used - going to the internet to find a form can present many issues. The form may not comply with the laws of the jurisdiction in which you reside. If the powers are limited to a particular transaction, the document will need to limit the ability for the attorney in fact to sign for the benefit of the principal. If it is a general power, it needs to be specific and encompassing. If it grants powers for transactions dealing with real property, the form must be in recordable form. It should have a durability provision relating to the principal. Attorneys generally have the information needed to prepare a document that will serve the needs of the principal, and make sure that the Power of Attorney is enforceable in the jurisdiction. The cost for an appropriate document is minimal and the peace of mind is well worth the investment.
Answered on Aug 13th, 2015 at 11:12 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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No law requires that only a lawyer may draft a Power of Attorney. The benefit of having a lawyer do it is simply that he or she is likely to draft it in a way which will withstand a challenge.
Answered on Aug 13th, 2015 at 11:11 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, power of attorney documents can be downloaded from the Internet. The only reason to use an attorney is to advise you on the affects of the power of attorney in your circumstances or to draft one that specifically meets your requirements.
Answered on Aug 13th, 2015 at 5:01 AM
No. ?In California, about the only thing where you must be an attorney is representing some one else. ?You can find sample forms in various books; go to the Court library and ask the staff for help. ?An experienced attorney, however, can tell you what can go wrong, what has been over looked, whether you need the document, how to reduce the chance of someone successfully contesting it, etc.
Answered on Aug 13th, 2015 at 12:40 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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There is no legal requirement of which I am aware that says that only a lawyer can draw up such a document. The public can't practice law without a license, but if you have a "form" of a POA that seems to fit your situation, there should be no legal reason I am aware of that would prevent you from modifying the "form" to fit your situation. It may be that it is smarter to have a lawyer draft same to be sure it covers all your situations and will more likely be accepted by whomever you will use it with, but I think the choice is yours? I do freely admit that this isn't my area of practice, so there could be others who respond differently and who may have specialized knowledge about this.
Answered on Aug 13th, 2015 at 12:35 AM
A power of attorney does not need to be drafted by an attorney. However, if it is anything but a simple transaction, you should consult an attorney.
Answered on Aug 13th, 2015 at 12:33 AM
Estate Planning Attorney serving La Grange, IL
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Law Office of T. Phillip Boggess
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It is not necessary. However, attorneys who work in the estate planning area have knowledge as to what needs to be in the power of attorney and how it needs to be executed.
Answered on Aug 13th, 2015 at 12:32 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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You can draft it yourself, but you will probably not give the correct amount of power, especially if property or financial accounts are included.
Answered on Aug 12th, 2015 at 6:46 PM
Ronald A. Steinberg
No, but if you don't know how to do it, then how is it going to get done?
Answered on Aug 12th, 2015 at 5:44 PM
3 Awards
No. Powers of Attorney do not need to be prepared by an attorney. However, it is best to consult with one if you have questions about the legality of the same and what powers are being given and when. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
Answered on Aug 12th, 2015 at 5:44 PM
No, an attorney is not necessary to establish a power of attorney. However, all state statutes must be satisfied to establish the power you have in mind and if they aren't, the authority of another do act on your behalf does not exist. If you are familiar with those requirements, you can draw the document up yourself.
Answered on Aug 12th, 2015 at 5:44 PM
No, but unless you are familiar with the documents and have done it a lot, it would be smart to hire an attorney.
Answered on Aug 12th, 2015 at 5:44 PM
Edwin K. Niles
Please be clear. I will prepare such a document if requested by a client.
Answered on Aug 12th, 2015 at 5:43 PM
A power of attorney is not a very difficult document to prepare, but the devil is always in the details. Whether an attorney might be necessary to draw up this document will depend on exactly what the power of attorney needs to do. For example, no point in drawing up a power of attorney to let someone else file bankruptcy for you, because anyway your slice it, a document like this will not be effective to accomplish the task.
Answered on Aug 12th, 2015 at 5:43 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It's not mandatory, but if you have an attorney, who handles this kind of law, prepare the necessary documents, you know its done right. I guess a better response is: You get what you pay for.
Answered on Aug 12th, 2015 at 5:43 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Illinois has a statutory form Power of Attorney for Property and Power of Attorney for Healthcare. These statutory form documents should be used to establish the desired agency. There are choices to be made in the Power of Attorney forms and the implications of those choices need to be fully understood by the principal creating an agency relationship by signing a Power of Attorney. These choices may need to be explained by an attorney. The documents need to be witnessed and in the case of the Power of Attorney for Property should be executed in the presence of a notary public.
Answered on Aug 12th, 2015 at 5:42 PM
No.
Answered on Aug 12th, 2015 at 5:41 PM
James Eugene Hasser
No; but it's a good idea to make sure it's legal and enforceable. Good luck.
Answered on Aug 12th, 2015 at 5:41 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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No. You can get form documents at the stationery store or online. These forms will be pages of closely spaced legal language, which you should probably understand before you give someone the power to do any financial transaction you could do. There are billions of dollars being stolen or misappropriated, sometimes by well-meaning people, using power of attorney. A power of attorney should only be signed as part of a general review of your estate plan, and only when you fully understand the nature of the powers you are giving to your agent. Then, you should insist that your agent have a conversation with your lawyer regarding what is right and proper to do using the power of attorney. Don't give away your property until you understand the nature of what you're doing. Unless, of course, you own so little, and have so little, that it's not worth a few hundred bucks paid to a lawyer to protect your property.
Answered on Aug 12th, 2015 at 3:44 PM
No, but if you don't know what you want in the POA and why, you might be sorry if you try to do it yourself.
Answered on Aug 12th, 2015 at 3:44 PM
No - an attorney does NOT have to draw up POA documents. In fact, there is software out there that is inexpensive and can guide you in doing that. Additionally, you can go on-line and pull up sample POA documents that you might want to copy in part or in whole. Be certain, however, the POA is accurate, legal and enforceable. Good luck.
Answered on Aug 12th, 2015 at 3:44 PM
Yes, if you want it to be correct.
Answered on Aug 12th, 2015 at 3:44 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No, but you should have an attorney experienced in this area of the law, such as an estate planning lawyer, practicing in the area of wills, probate, trusts powers of attorney and so forth.
Answered on Aug 12th, 2015 at 3:43 PM
Appellate Litigation Attorney serving Boston, MA
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Banner & Witcoff, Ltd.
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A power of attorney document allows the "attorney" to act - legally - on behalf of the "person" named therein - and executed thereby. For example. in patent law - an inventor signs a power of attorney form to permit the attorney to file and prosecute a patent application for that inventor. If you want to give someone the legal authority to act for you - you can give that person your "power of attorney." So - your question really depends on the facts behind the question - which are unknown.
Answered on Aug 12th, 2015 at 3:43 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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No. But, you can draw them up at your own risk. Many are in State-sanctioned format and thus needing no attorney's drafting.
Answered on Aug 12th, 2015 at 3:42 PM
Thomas Edward Gates
No, a attorney does not have to draft the power of attorney. There are many forms that you can find online. Some at no cost.
Answered on Aug 12th, 2015 at 3:41 PM