Is Using an Online Power of Attorney Form a Good Idea?

Posted by Rob GoldmanOct 29, 20150 Comments

Q:

My mother wants me to be her agent under a power of attorney, and I went online and found a form I can print up and take to a notary. Is this legal?

A:

While it is legal to use an online power of attorney form, it usually isn't a good idea. A power of attorney is one of the most important estate planning documents your mother can have, and there are many issues to consider when drafting it, including what powers you should have, whether the power of attorney should be springing or immediate, whether there should be more than one agent, and whether the document should address the issue of paying for long-term care. One size does not fit all. For information about why not to use an online form, click here. We strongly suggest you have an elder law attorney draft the power of attorney for you.