Legal Question in Wills and Trusts in Florida

Living Wills and Durable Power of AttorneyI

I would like to know if I need a lawyers help to initiate a durable power of attorney for my elderly mother and a living will for myself, my spouse and my mother. Also, are the forms offerd online sufficient and legal. Do the witnesses to these forms have to be anyone outside the family? Is Find legal forms .com a reliable source? I am very concerned that these forms are legal and binding. My mother is 80 and in fair health and would like this taken care of asap and we do not have the money for a lawyer at this time. Thank you in advance for your help in these matters.


Asked on 3/31/05, 6:07 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Living Wills and Durable Power of AttorneyI

`The forms are fine if they have the information you want. Witnesses and notary should be independent people

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Answered on 3/31/05, 6:16 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Living Wills and Durable Power of AttorneyI

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I have not reviewed the forms in question so I cannot advise whether or not the forms in question are satisfactory. I caution you, however, that even if they are, the forms are only as good as the person preparing the documents. If the scrivenor makes and error or fails to include necessary provisions, you generally will not find out until the instrument is needed and then it is too late.

I strongly urge you to invest the money to hire a competent attorney to handle this matter. There are many attorneys who will draft these instruments at a fair price and the comfort in knowing that they have been drafted properly is well worth the cost.

Scott R. Jay, Esq., 305-249-8000

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Answered on 3/31/05, 7:37 pm


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