A Useless Power of Attorney

The Dangers of Free Online Legal Documents 

You might have encountered moments where you need a legal document but you don't want to pay an attorney to draft it. It's easy to see why many people turn to free legal documents online. With just a few clicks, you can find free legal forms for everything from rental agreements and business contracts, to wills and divorce papers. But here's the thing: free isn't always better. In fact, it can be downright costly and you wind up with a useless power of attorney.

Beware of On-Line Forms

Ask yourself, will that on-line legal form be enough to ensure that the document is legally recognized, important matters are handled quickly, and your specific instructions are followed? More importantly, do you want to take the chance that the document you created is essentially useless when it comes time to use it? Should you take that chance?

Having a power of attorney means appointing a reliable person who can make crucial decisions or transactions on your behalf - this may be related to finances, business operations, or medical needs, and can be for a one-time or ongoing purpose. Though it may seem simple, it's important not to take shortcuts, like downloading a free form online, when seeking out these services.

DIY Financial Power of Attorney

Suppose a business colleague wants you to take care of his business operations, making critical decisions while he is out of the country. He makes you his power of attorney by using a free legal document found on the internet that promises to contain everything he needs to comply with state law.

It is noticeably concise, and you wonder why legal documents have to be so lengthy and expensive in the first place.

Upon attempting to transfer funds at your friend's bank, you're informed that access is restricted, prompting inquiry. It was soon revealed that the bank has specific procedures and regulations that must be complied with in terms of power of attorney documentation. Unfortunately, your friend was unaware of this and cannot be reached for a few weeks.

When you track him down, he will have to fill out additional forms with the bank and get them notarized before you attempt any more transactions. The legal document failed.

DIY Health Care Power of Attorney

Your phone rings with distressing news - a close friend has sustained a head injury and requires immediate placement in a nursing home. The long-term care expenses for their rehabilitation are expected to range from $5,000 to $8,000 per month, but your friend only receives $2,500 per month from Social Security.

Your friend is in a dilemma as Medicare does not cover long-term care services and his income is high enough to deny him assistance from Medicaid. In addition to the financial crisis, your friend is unable to make decisions about the level and cost of care he can afford.

You know what he has expressed in the past about specific treatments and efforts to prolong his life; you even witnessed the online form he used for a health care power of attorney. But his family members contest the document, and the doctors won’t listen without more specific advanced health care directives and a signed HIPAA release form. Another do it yourself legal document failure.

The Dangers of Free On Line Documents

How can online documents be legally approved for use by the public but be insufficient when you need to use them? The power of attorney documents that may have been helpful in the previous scenarios only offered general information for the most basic needs. With so many variables in finances, business, and medical situations, the language is not specific enough to address the unique problem. 

When you get a power of attorney through an estate planning firm, each document contains wording regarding several circumstances and refers to other critical documents like living wills and trusts. Additional details instruct the person chosen to act on your behalf when dealing with decisions regarding banking and medical institutions or personnel.

For example, it may permit them to set up another trust, reorganize assets, open and close banking or investment accounts, and require health care professionals to comply with your medical wishes.

Getting a free online power of attorney might seem like a good deal, but it can actually end up being a costly mistake. There are numerous legal factors that determine the effectiveness of your power of attorney. To avoid mistakes and minimize headaches, it's best to consult an estate planning lawyer who can help you navigate common pitfalls and suggest ways to sidestep them. Whenever you need legal documents to sort out crucial matters or make quick decisions during a crisis, you want to be confident that they'll function as expected. Consult with an attorney to ensure you are prepared to handle any situation.

Need Help?

If you would like more information about powers of attorney documents, please reach out to Kristen Mackintosh, The Happy Lawyer. Having gone through a health crisis with her dad, she understands the importance of having the right documents in place during a time of crisis. Contact us today for more information.