QUESTION

My parents Need to get a durable power of attoney done, my dad is in a nursing home, my mom lives in an appartment. Will & living will done. How to do

Asked on Dec 14th, 2016 on Estate Planning - Maine
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How do we go about doing this? Does it matter that living will and will and POA for health care already done?
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1 ANSWER

Maryellen Sullivan
Hi - Your parents should meet with an attorney to prepare these documents for them.  A local attorney may be willing to go to the nursing home to meet with your father.  There usually is one meeting to discuss the document and then another meeting to sign.  The attorney would be representing your parents in drafting the documents, not you.  Each document has a different purpose:  a Living Will sets forth end-of-life preferences, a Health Care POA appoints an agent to make medical decisions for an incapacitated person, and a Durable Power of Attorney appoints an agent to handle financial matters and can take effect immediately or upon incapacity.  They are separate documents so that having one or two of them has no effect on the other(s).   The above does not constitute legal advice but rather general information.  Without a written agreement, I am not acting as your attorney or providing legal representation of any kind. 
Answered on Dec 29th, 2016 at 10:43 AM

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