Don’t you hate it when the answer to a listener question is “it depends”? Then you’re not going to like this answer. I’m Amy E. Feldman.

Carolyn needs to obtain a medical power of attorney for her 91-year-old father, and wants to know whether she can get one without a lawyer.  Carolyn, far be it from a lawyer to say you don’t need a lawyer, but the answer is… maybe?

A medical power of attorney is a form that allows a person to make decisions for another.  You can generally find a form like that on the internet and you don’t necessarily need a lawyer to create one, provided you must make sure to look for one that is specific to the state in which the person resides.  But in most states the signing must be witnessed by two adults and notarized so if your father is already incapacitated and can’t sign it—or if there’s discord in the family over who has the power, then you should consult with a lawyer to advise on your particular situation.

Leave a Reply

Your email address will not be published.

Share This

Copy Link to Clipboard