Legal Question in Elder Law in Pennsylvania

Power of Attorney

I need to have Power of Attorney for my mom who has Alzheimer's. At this time, my mom is still competent to sign for herself. Can I complete and use readily available forms for Durable Power of Attorney and Medical Power of Attorney or do I need to use an attorney?


Asked on 2/23/06, 2:03 pm

2 Answers from Attorneys

CHARLES WEINER Law Office of Charles Weiner

Re: Power of Attorney

Without reviewing the form that you are referring to, I can not say that the form you intend to use is valid under Pennsylvania law. Pennsylvania law does have some specific requirements for a POA and Advanced Directives and you may want to consult with an attorney. Also, since your mom has an Alzheimer's diagnosis, her capacity to execute a legal document may be questioned. Her doctor should provide you with an opinion whether she has the capacity to understand such affairs. Feel free to contact me for further consultation.

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Answered on 2/23/06, 2:13 pm
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Power of Attorney

Under NO circumstances should you ever purchase and use a store bought POA, by doing so you guarantee yourself legal problems including possible and probable litigation.

My office has a full time Estate Planning / Elder Law Attorney that can handle this matter for you, please call us at your earliest convenience...by trying to save a few dollars you are risking thousands of dollasrs down the road as well as untold headaches.

Regardless of whether you use my law firm or not, you should absolutely retain an Elder Law / Estate Planning attorney for this matter! I look forward to helping you out, good luck.

Sincerely,

Marc V. Taiani, Esquire

412.731.0865

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Answered on 2/23/06, 3:29 pm


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