how to fill out living will and power of attorney

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how to fill out living will and power of attorney

My mother is in the hospital in Flagstaff, Az and cannot make
medical decisions on her own and she does not have a living
will or a power of attorney document. How can I get these
forms filled out to make her medical decisions?

Asked on July 26, 2019 under Estate Planning, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If she is mentally competent, she can sign the forms in front of the appropriate witnesses: the best way to get good forms (ones that meet your state's requirements) and make sure that they are executed (signed) and witnessed property is to hire an attorney to help: the lawyer can draft the forms to your mother's needs or wishes, then arrange for the signing and witnessing. If you and/or your mother cannot afford an attorney, download forms from the internet (they can be easily "Googled") and look up the rules for how they must be signed in your state and make sure you follow those rules excactly. 
If you mother is not mentally competent, she cannot create a living will or power of attorney--only mentally competent people can do this. You'd have to bring a legal action to have her officially declared competent and have yourself appointed her legal guardian. This is not an easy or simple legal action to bring; consult with an elder law attorney.


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