Notary for Power of Attorney in Pennsylvania - Questions

TeriOC · September 2

Loved one has dementia. Some days are more lucid than others. They need someone to handle their affairs though. Loved one has not paid property taxes or filed tax returns in a couple of years. We just paid their property tax for them (5K) although they have the assets to do this themself.

The social worker at the memory center where our loved one is seen said that in PA, some attorneys may do a POA under the circumstances. I spoke with one who is willing to do it. Said it's fine especially because loved one has no other family who would contest, but the attorney is charging $1700, which is probably more than three times what this should cost.

Social worker then suggested getting a POA on the internet and taking it to a notary. This certainly seems the cheapest way to go but what kinds of questions or problems will we potentially run into with a notary? Perhaps it's better to pay someone $1700 who is familiar with our situation than a potentially embarrassing situation at the notary if our loved one cannot remember their address or anything else they may ask during our appointment. Has anyone been through this and what should we expect?

Yes, we understand that guardianship is generally the correct answer when someone is losing their cognitive capacity but the attorneys we have spoken with said it would cost about 5 to 7.5K and, as there is no one to contest in our situation, POA would be cheaper and leave our loved one with a say for as long as they are able to exercise it.

harshedbuzz · September 2

@TeriOC

Money spent on sound legal advice is well spent.

The bar for competency most elder law attorneys have is lower than you might assume and they're used to finessing the situation with respect and compassion. A boilerplate download off the internet might not be accepted by banks, investment firms or title companies and could result in forcing you into guardianship if mom progresses past what an attorney is comfortable with.

We paid an elder law attorney and my POAs were honored every time I needed to use them— I sold real estate, closed bank accounts, emptied safe deposit boxes and realigned their investments using it.

HB, who lives in PA and used POAs in PA, MD and FL

cdgbdr · September 2

Agree to use the eldercare attorney. I'm not in PA but have a document that is well done. I would not trust an internet download.

towhee · September 2

Agree that 1,700 is a little steep for just filling out the paperwork for a DPOA and HPOA, but the lawyer might be calculating they will need to spend more time with your LO, or that they might need to make a home visit. We had my LO's DPOA updated when they were in the middle stages but decided against trying to update the HPOA as it would have required my LO to make more complicated decisions and it was not absolutely necessary. The lawyer said that as long as my LO knew what they were doing "in the moment" it did not matter if they forgot about it 2 hours later.

Regarding filing taxes you should get that done as soon as possible even if you do not have the money to pay them. From what I understand not filing is a criminal matter.

Anonymousjpl123 · September 5

I paid about that in PA for will, DPOA, and Medical POA and it was worth every penny.

HollyBerry · September 9

We paid a flat fee for POA for both of us, specific to the needs of our situation, as well as a lookover of our wills and new copies drafted with a few updated details. We chose not to update the medical POA/living will documents that we did with the social worker in Geriatrics. I wasn't sure if we were overpaying or if it was going to be worthwhile, but establishing a relationship with the lawyer has been helpful in other situations that have come up since then. Fun fact: not everyone takes a generic POA document. We had to do a separate one for USAA and the credit union. Another fun fact that I learned when my mom passed away: POA ends when the person dies, which isn't a huge deal if the POA is also the executor of the will, but it can be a surprise in those first days when you're trying to be sure bills are paid, etc.

wose · September 9

I live in PA and paid $5000 for a CELA ( certified Elder Law Attorney ) for DPOA’s and other legal documents. It did tho also include an irrevocable trust that I put the house in.

CELA’s are expensive but worth the knowledge they bring.

Notary for Power of Attorney in Pennsylvania - Questions

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