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Simple Power of Attorney Question

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NicholasV

Junior Member
What is the name of your state? NY

Question on What I feel might be a simple POA question.
With a Notary present with me and my elderly mom, Can I write a simple POA that states I (state your name) being of sound mind and body give my authorization to my sons to access my bank accounts to pay my bills and rent and To perform Real estate transactions on my behalf including selling my home and valuable to pay medical bills and up until the time I pass in which the Will takes over ? or do i need to goto an attorney to make it legal and recognized?

thank you
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? NY

Question on What I feel might be a simple POA question.
With a Notary present with me and my elderly mom, Can I write a simple POA that states I (state your name) being of sound mind and body give my authorization to my sons to access my bank accounts to pay my bills and rent and To perform Real estate transactions on my behalf including selling my home and valuable to pay medical bills and up until the time I pass in which the Will takes over ? or do i need to goto an attorney to make it legal and recognized?

thank you
No, because if you do that, then you are practicing law without a license. Your mother (not you) would need to go to an attorney to have such a document drawn up.
 

zddoodah

Active Member
Can I write a simple POA that states I (state your name) being of sound mind and body give my authorization to my sons to access my bank accounts to pay my bills and rent and To perform Real estate transactions on my behalf including selling my home and valuable to pay medical bills and up until the time I pass in which the Will takes over ?
Can you do it? Sure. Will the bank(s) where your mother maintains her accounts honor it? We have no way of knowing. Best to visit the bank(s) first and find out if they have forms that they want to have used. Will a title company accept the document you draft? We have no way of knowing that either. Here's a question for you: if your mother is "of sound mind and body," why is it necessary for you and her other children to sign on her behalf? Why not arrange for whatever transactions she wants and have her sign off on them?


or do i need to goto an attorney to make it legal and recognized?
Involving a lawyer will be beneficial for multiple reasons, but it is not necessary "to make it legal and recognized."
 

LdiJ

Senior Member
What is the name of your state? NY

Question on What I feel might be a simple POA question.
With a Notary present with me and my elderly mom, Can I write a simple POA that states I (state your name) being of sound mind and body give my authorization to my sons to access my bank accounts to pay my bills and rent and To perform Real estate transactions on my behalf including selling my home and valuable to pay medical bills and up until the time I pass in which the Will takes over ? or do i need to goto an attorney to make it legal and recognized?

thank you
There are online services available where one can draw up various standard types of POAs. Many of my tax clients have used those successfully. However, I would not consider that option if there was anything unusual in your mother's financial life.
 

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