There's no easy way to ask this...

[SWA]

My son sprang (sp?) a question on us last night, and I didn't know how to answer. So am hoping for help if possible?

There's no easy way to ask this either, as this is my ONE AND ONLY child, and I'm having a hard time just thinking of those kind of "possibilities", let alone anything beyond them. Heaven forbid... {{{sighs}}} Heaven have mercy...

Ok, here is the question...

My son will be leaving to go back "Over There" soon, and he wants to do a "Durable Power of Attorney". Does anyone know how this is done? Does it have to be filed with an attorney or at the county courthouse or is it just something he has written up, then signed and notarized and kept here in our home safe? How is this done, and where do we go for a form document?

Also, does a "Durable Power of Attorney" cover any possble medical decisions and/or neccessities (please forgive my spelling, I can't get my brain to work with this at the moment).

He's leaving to go back to base (he's in the Marines) this Sunday, so was hoping for advice as soon as possible, in case we may need to go to the county courthouse today.

I'd be grateful for any help anyone might can offer.

If prefferred, please feel free to send a PM or email at [email protected]

Thanks so much for any help.

Edited for grammer/spelling.

 

[Jill]

Tanya, I wouldn't not recommend seeing an attorney (they are pretty valuable). However, you may be able to use this link to quickly and inexpensively get done what you're wanting to accomplish:

https://www.legaldocs.com/poa-fnl1.aspx

 

[woodnldy]

The only reason a lawyer might be needed is if he has someone that might argue his decisions(wife ,or ex-wife or other family member that might). As long as his wishes are written out and notarized they would stand in court and thats what he sounds like he wants. He sounds like a very caring person that just wants to keep things right . Give him a hug from me too. My great nephews dad leaves tomorrow on deployment. He will be over there soon. Cheryl

 

[Charlene]

we do these documents all the time at our office (attorney's office)...

we use a statutory form that covers both health and financial issues. a POA is valid until the person either revokes it in writing or at the time of that person's death. nothing has to be filed with any county office. it's simply a document that gives you the authority to make financial as well as medical decisions in the event the person is unable to do so for him/herself.

you may be able to find the forms for your state online. i'm sure they are all pretty much standard. you will need to keep several copies.

gary signed a power of attorney for me when he was first diagnosed with terminal cancer. i cannot tell you how many times it was invaluable. due to the new federal medical privacy laws, i would have been unable (because we were not officially "married" although, as gary always said, we were more married than most people

) to get ANY medical information nor would i have been able to make any decisions concerning his medical care without the POA.

if you are in illinois, i would do one for you free of charge. pm me if you wish.

EDIT: oops, i see you're in florida. there are numerous places online but it looks like most of them charge. you should be able to get this done by a general practice attorney for very little. we only charge $75 for a POA.

 

[SWA]

Thanks so much Jill, that was a very helpful link.

Cheryl & Charlene, he isn't married yet. He is engaged with a date set for December 5th, 2008, but not married as yet. He wants my husband and I to be his power of attorneys noted in the document, to help with any financial matters while he's gone, and to also be able to file his taxes for him while he's gone. He was also concerned for any medical issues in the event that any may (heaven forbid) arise in the coming months. Charlene, gosh, that was so very kind of you to offer to help us free of charge, thank you so much.

Only we live here in Florida though. I guess we will look over the document from the link that Jill sent. I'm not sure if that one covers any medical issues though, as it doesn't show the actual document until "after" purchase. I'm not sure it would cover all that's needed???

Thanks so much everyone for all your wonderful advice, and kind sentiments for my son. Cheryl, I most definately will give him a hug for you, and please do likewise for me with your nephew's father.

{{{HUGS}}}

Deeply appreciative,

Tanya & Family

 

[Charlene]

tanya,

there are power of attorney forms that cover both financial and medical issues and there are forms that cover either one OR the other. without seeing the form you are considering, it's impossible to say if it covers both.

you are heading in the proper direction, this is definitely the document you need for your purposes. a power of attorney is next to impossible to contest, in fact, in all my years in this field, i have never seen one successfully contested...

not that that ^ is a concern of yours. since you are under some time constraints, i think it would be wise to see if you can contact an attorney to help you. there is no reason why you couldn't get it done immediately at very little cost. we get calls like this frequently and either i or the other secretary will print out the form, have the people come to the office, sign it, i or amy will notarize it, they will write out a check for attorney's fees and they're on their way. it takes less than 10 minutes.

i really wish you were in illinois and this would already be done.

 

[Equuisize]

Tanya, the advice given so far is what I'd suggest, too.

Michael T had these documents done before he left the

states for 3 years......Thank God we never had to use them,

but they were in place for any contingency that'd pop up.

It'll give all of you a measure of security knowing it's in place.

I will keep you son in my prayers for another successful tour

over there......

Please give him a hug and tell him THANK YOU for what he's doing.

Nancy

 

[dangerranger]

The other place he can get these forms and free legal advise that is most relevent to his deployment is from the base JAG. they are attnys that are skilled in millitary law. and are provided at no cost. your sons first sgt should be able to direct him there and can most times even expedite this if hes shipping out soon. DR.

 

[Dairygirl]

My husband left me on Wed. to go to Iraq. He is in the Army and they jag office fixed him up a POA for me. All they did was type it up and he signed it with my name on it. I would think he can get this done up for free on base.

 

[Katie12]

Go to www.legalzoom.com

 

[ClickMini]

My son will also be deploying in the next 4-5 months to Iraq. I believe ALL soldiers in every branch are highly recommended to have these filed with a family member. I know I was when I was active duty.

I totally understand why this is disturbing to you. I feel the same way as a mom. However, when I was the other side of the equation as an Airman, it didn't bother me a whit. It was just another one of the myriad little pieces of paper and details that had to be attended to and really just another bother. It is very important for you to have so that you can deal with things on his behalf if needed, even for banking, etc. There are so many things it can help with. He is basically just saying that you are authorized to act on his behalf in a legal sense.

He can get it drawn up by the legal office at the base, it is free. You will just have to sign and notarize.

(((((HUGS))))) to you and prayers for your son's safety.

 

[crponies]

I've had to do some legal forms lately for my great uncle who is 87, sickly, and had nothing drawn up for anything! I downloaded Quicken WillMaker Plus 2008 and it is very easy to use. It is up to date and you can use it for all kinds of documents. So far I have done his Advanced Medical Directive and a living trust.

 

[SWA]

Thank you so much everyone! We were able to get this done on Friday, but I haven't been able to get back online until just now to let everyone know. Gosh, so many folks offered us help with this, along with their prayerful support and encouragement for my son. I'm so thankful for all of you!

You all are so wonderful!

Dusty left to go back to base this morning, and already I miss him soo much. But, I just have to keep busy, I guess, here on the homefront till God brings him back home soon. Whew boy...our horses had a two week vacation from me there while he was home, and now that he's gone again, they are gonna be going back to work around here again...keeping "momma" busy, LOL! That two weeks went by so fast...TOOO fast.

Well, I guess I can go start with cleaning m'stalls for this afternoon, (else I'm gonna be sitting here brewing over missing my Dusty).

Then tomorrow I'll kick off with getting back to grooming them all, I suppose. Gosh, sitting here counting the days of the week already, I just realized it's a good thing I suppose, that we have 7 horses, LOL. That's one horse a day with getting them all cleaned back up again, so that should keep me busy for about a week. Then I guess I can start all over again next week...and throw some filler stuff in there now and then to fill the time with, in working them again on their training and stuff. Well, anyways, I'm just babbling on so won't hold ya'll up with my vent fest of missing my Dusty already. I'm sorry, I'll go for now, I just wanted to sign on quickly to thank you all so much for all your posts here, and emails and PM's with all your help. THANK YOU ALL SO MUCH!!!! {{{{HUGS}}}}

To all of you with your loved ones who are sick and/or serving in our military, my heart goes out to you all, and we are holding them and all your families in our prayers too.

Thanks again, SO VERY MUCH.

Guess, I better go pester my horses for a while now....

Warmest love and appreciations,

Tanya & Family

EDITED for spelling.

 

[Charlene]

tanya, you and dusty will be in my prayers for the time to pass quickly and his safe return home to you!!!