Question:

I have a health care proxy which is current. I have an old will but since my husband has died, the will also includes a directive that all assets should go to our children. The will is decades old but is still accurate. Also I have no power of attorney. What is that document used for and can I get a template from the internet? Does the POA have to be an attorney? Also can I get templates for a simple will? I cannot afford a professional such as yourself to do these things for me.

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Response:

Since your situation sounds straightforward, an online program such as LegalZoom, Rocket Lawyer or Willing should serve your purposes. (This article has info about DIY Estate Planning options.) It may also be possible to download a durable power of attorney form from the Internet, especially if you live in a state with a statutory power of attorney form. In addition, it’s worth consulting with any bank or financial institution where you may have an account to see if they have their own power of attorney form. While it would only appoint someone with respect to that institution, it can be an effective step. Finally, no, the person you appoint on your durable power of attorney does not have to be a lawyer. It can be anyone you trust to act in your best interest.

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