This past March, I took my Mother to a Lawyer (he's related to us) to make out a new Will, make me her Durable Power of Attorney and make a Health Care Directive. How long should this usually take to do? I've called him a few times and I got the feeling that I was bothering him. I haven't said anything to my Mother because I don't want to upset her. Any suggestions on what I should do next?
I would not recommend free or online services if you are doing any elder law-type planning as well as a simple will, etc. The online or office supply forms omit all the special provisions you need in such cases and are not worth the small savings you get by avoiding the attorney. In general this rule applies regarding legal fees: "pay me now or pay me later" (i.e., you'll wind up needing an attorney to straighten things out later if you cheap out with store-bought forms now).
I do not know how complex your Mom's assets are, but if they are not, you can create your own documents online. I have had personal experience with Legal Zoom and Legacy Writers - both were great. They have up to date information about your state's guidelines and have people you can call to ask questions. Sometimes doctor's offices have forms for your state's Health Care Directive.
Personally, I would not want a relative such as yours knowing my Mom's personal business. Tell him that you will be dropping by to pick up your Mom's information because it sounds like his "plate is full." Then do it.
Just tell your Mom that you wanted an attorney who specializes in elder issues and is more knowledgeable about this area.
Really, if he wants to hear about truly "busy" people, have him come to this forum!!
Since it was an update mom paid around $75.00 for all. If this attorney is dragging it out saying its complicated timely paperwork and then charge you a small fortune. THEY ARE RIPPING YOU OFF!!!!!! Moms paperwork really looks no different then what I seen on most DIY legal sites. Its a basic template and just fill in the blanks.
I agree with all the other posts. Get a new attorney. Call around and ask just how long it would take to get these documents done. Months are just an excuse to soak more money!!!!!!!! Remember an Attorney WORKS FOR YOU!! YOU HIRED THEM AND YOU CAN FIRE THEM!!!!!!!!
Good luck!!
IMHO, at a minimum you need to do:
- Statutory Durable Power of Attorney (a Financial Power of Attorney)
• Medical Power of Attorney
• Living Will /Advance Directives
• Declaration of Guardian in Event of Incapacity
• HIPAA Waiver
Good luck.
Blessings,
Bridget
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