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Do You Need a Lawyer to Get a Power of Attorney?


The simple answer to the question, do you need a lawyer to get a power of attorney, is no. Although it is a legal document carrying sensitive information as it is a matter of life and death, it is so simple that you can do it yourself without getting help from an attorney.

Many people need help to complete legal documents and seek professional advice from law experts. However, the financial power of attorney form is so simple that even a nonprofessional can fill it.

Likewise, several states have prescribed a form, making it easy for individuals to make a POA themselves. Although you might have to notarize, that is a manageable task.

Therefore, the simple answer is no; you do not need to involve an attorney to complete your financial power of attorney form.

Getting a Power of Attorney without a Lawyer

Establishing a POA is relatively simple, although it is a legal document. Power of attorney is a document that empowers another person to make financial and health-related decisions on your behalf. 

You sign a power of attorney form with two witnesses to bind it legally. Moreover, you can grant the nominated person broad or limited authority. Likewise, you can grant them authority for a limited period or for an extended time.

Either way, you can complete financial power of attorney forms with just a few papers and signatures. Then you can go easy, as you have appointed your trustworthy person to take care of your critical decisions if you cannot do so in the future.

Power of Attorney Form 

You can easily find a sample financial power of attorney from online sources. Since all templates cover the majority of touch points related to a POA, you can use any one by downloading them free of charge.

However, specific states have designed their approved template. Therefore, you must check local laws and get a copy of the prescribed copy of your state to make it legally binding. 

Likewise, a few states require the POA to be signed by two witnesses and notarized. Therefore, ensure you have fulfilled all the local requirements of the POA. Contrarily, your document will only be legally binding if the local state requirements are met.

Additionally, one of the most essential parts for a POA to act legally is that you have established it with a totally sound mind, sufficient mental awareness, and capacity.

Benefits of Using an Attorney for Power of Attorney

While it is a fact that you do not need an attorney to complete the power of attorney medical and financial forms. The reality is that having an attorney with you while writing a POA is always beneficial. 

Since a power of attorney is legally handing over control to someone else to make your decision, having it discussed with your attorney will bring peace of mind, as he would advise you on all critical matters, thus leaving no loop end open. 

Moreover, writing a legal document is always intimidating; therefore, if you are anxious about getting the authority wrong, consider hiring an attorney to complete the power of attorney health and financial forms.

Types of Power of Attorneys

There are popularly four main types of power of attorney depending on the degree of responsibility that the principal can delegate to its agent.

  • General POA

It is a type of POA that becomes effective when you sign it and ends when you become mentally unable to make a decision. However, it is essential to understand what level of authority you will grant to your agent.

Generally, this type of power of authority is used to affect a particular transaction. For instance, you want someone to take care of the sale of an asset while you are away. However, you can also increase its scope by adding more clauses.

  • Durable POA

This type of power of attorney comes into effect when you sign the document and remains effective till your death. However, you must explicitly mention the duties of the agent, thus enabling him to make decisions accordingly. 

Moreover, you can easily find a durable financial power of attorney form from online sources. Durable financial power of attorney is the most famous POA and is widely used worldwide.

  • Springing POA 

The type of POA only occurs when a particular event happens. For instance, your incapacitation will bring the power of attorney to life. However, you must mention the influential event to make sure everything is evident in the future.

  • Medical POA

A medical power of attorney is both a durable and springing POA. The purpose of a medical POA is to appoint a trustworthy person to make health-related decisions for the principal if he cannot do so.

These medical decisions can include medication, surgery, hospitalization, and other similar choices.

Pros and Cons of Having a Lawyer for POA

Let us now look at having a lawyer to get a power of attorney.

  • Pros

  • Peace of mind
  • Clarity about clauses
  • Meeting all requirements of the state
  • Covers all sensitive points
  • Acts as a witness to document
  • Cons

  • Extra charges
  • No actual details are required regarding the form

Frequently Asked Questions 

What is durable financial power of attorney?

As the name suggests, a durable power of attorney immediately comes into effect when the principal signs it, and it remains valid unless he terminates it. 

Is a lawyer mandatory for power of attorney?

No! You do not need a lawyer to write the power of attorney. Since many states have prescribed a simple POA form, you can complete it independently without seeking professional help. However, it is up to you if you still want to hire a lawyer, as the law does not force you to have a lawyer for power of attorney.

Do I need to get the power of attorney signed by a lawyer?

No! You do not have to get it signed by a lawyer. However, specific states require you to get it signed by two witnesses and notarized to make it legally binding.

Can I obtain power of attorney with the consent?

You cannot obtain power of attorney without, as the person is already incapacitated. Since one of the clauses of the POA makes it binding for the principal to be mentally sane to sign the POA, any POA without consent is not legally acceptable. 

Parting Thoughts

We have discussed the query in detail: Do you need a lawyer to get a power of attorney? The answer is No! Since a power of attorney form is a simple document that does not require a lawyer to complete. Therefore, you can quickly fill out the form, sign it, be endorsed by the witnesses, and notarize it to bind it legally.

Moreover, it is your choice whether you want to involve a lawyer. If you are unsure about the clauses of the form, you must seek advice from a lawyer to clear all your doubts, as it is a matter of life and death.

Likewise, you can quickly get the form from online sources if you complete the POA in a state that has set its template. Contrarily, if the state allows, you can use your template to complete a durable power of attorney financial. 

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