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Do I need an attorney to draw up a Power of Attorney in the…

Do I need an...

Do I need an attorney to draw up a Power of Attorney in the State of Pennsylvania

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

Sister is in hospital and is going to be placed in hospice until she passes. She cannot travel. We are in Pittsburgh PA. No paper work has been filed at this time

Lawyer's Assistant: Has anything been filed or reported?

No

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Answered in 6 minutes by:
3/9/2018
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 463
Experience: Attorney/Member in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources.

I am sorry to hear that you are experiencing this.

While it is possible to draft a Power of Attorney without the aid or assistance of an attorney, several years back in Pennsylvania the laws relating to the execution of a power of attorney were addressed by the state lawmakers and if after the date of the new law a power of attorney is not executed properly, it may not be valid.

As well, there may be particular points that need to be put in place in the power of attorney you need related to health care decisions for your sister. Also, it is not uncommon at all for attorneys to come to you for the execution. This is something that is done regularly as it is not at all uncommon for people who need the power of attorney not to be able to travel.

The main thing you want to ensure is that the power of attorney is properly executed so when you need it, it is ready to go

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 1 month ago
I don't have the money for an attorney and she has very little money in the bank account. We just wanted a Power of attorney so that we can pay her bills up to date and cancel them. So you are saying that we can draw up our own Power of Attorney but some banks might not accept it if it is not properly executed. But it can be done if we write up the proper form?

It is absolutely possible for a Power of Attorney to be done without an attorney. If it is in the proper form, just because it was not done by an attorney, that is not reason to reject it. However, if it does not adhere exactly to the required statute, even if an attorney did do it, it will not be allowed.

I am happy to provide you a link to the statute if you like so you can use that as a reference.

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Customer reply replied 1 month ago
Please provide the link
Thank you

The link is attached here. I have also attached a link here to some pro bono resources in Pennsylvania to allow you to look for an attorney at no cost.

Best of Luck!

Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 463
Experience: Attorney/Member in Private Law Firm
Verified
Sean K and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
Thank you have a wonderful day!

Thank you so much!

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Sean K
Sean K, Lawyer
Category: Legal
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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