DPA for my husband and myself - need help figuring it out

[CindiW]

It doesn't have to be without cause of death. There's no reason that the beneficiary cannot obtain a copy with the cause of death, if they so desire.

Thank you. I checked the website for state of Florida death certificates and found the appropriate information. I am quite certain the beneficiary of bank account would not need a cause of death certificate. I will take appropriate measures to make it as easy as possible for the beneficiary of the bank account. Thank you.

 

[CindiW]

I am looking over forms for Durable Power of Attorney, and come across this explanation but do not understand it. So maybe some kind person can explain? It says something about agent & guardianship. It says (I paraphrase) that the court will probably appoint the person nominated unless judge decides otherwise. So does this mean that the DPA has to go to court in reference to having an agent also appointed as guardian?

 

[CindiW]

There are lots of places, starting with your favorite search engine (you won't get a recommendation here).

With that said, why do you believe it's wise to do something of this importance using a random free form you find online? It's penny wise and pound foolish (in other words, you'll save some money now and it'll be worthless later).

I consulted with a lawyer recently and the cost for writing up the estate papers is astronomical from him. l'm sure he's good, but it will seriously impact whatever money we have now.

 

[Zigner]

I consulted with a lawyer recently and the cost for writing up the estate papers is astronomical from him. l'm sure he's good, but it will seriously impact whatever money we have now.

Penny wise and pound (dollar) foolish.

I am looking over forms for Durable Power of Attorney, and come across this explanation but do not understand it. So maybe some kind person can explain? It says something about agent & guardianship. It says (I paraphrase) that the court will probably appoint the person nominated unless judge decides otherwise. So does this mean that the DPA has to go to court in reference to having an agent also appointed as guardian?

 

[zddoodah]

Other than a natural born child of a parent, there's no such thing as a guardian other than one that's been appointed by a court. A person can nominate a guardian in a will or any number of other documents, but it's just a nomination that must be confirmed by court appointment.

I consulted with a lawyer recently and the cost for writing up the estate papers is astronomical

Define "astronomical"? If your level of wealth is such that a couple thousand is a strain for you, then it's probably not all that important anyway.

 

[CindiW]

Other than a natural born child of a parent, there's no such thing as a guardian other than one that's been appointed by a court. A person can nominate a guardian in a will or any number of other documents, but it's just a nomination that must be confirmed by court appointment.



Define "astronomical"? If your level of wealth is such that a couple thousand is a strain for you, then it's probably not all that important anyway.

It wasn't just a "couple" of thousand, like 2 or 3. If that were the case I'd probably have no problem with it. So guardianship can be nominated in a DPA but must be confirmed by a court, is that right?

 

[Zigner]

It wasn't just a "couple" of thousand, like 2 or 3. If that were the case I'd probably have no problem with it. So guardianship can be nominated in a DPA but must be confirmed by a court, is that right?

Shop around.

 

[Red Kayak]

It wasn't just a "couple" of thousand, like 2 or 3.

Hunh? "A couple" usually means "2" or "about 2".

I second post #24.

 

[zddoodah]

So guardianship can be nominated in a DPA but must be confirmed by a court, is that right?

Yes.

 

[flyingron]

Many lawyers who handle that sort of thing will do more than just draft a single DPA. It may not be sufficient for your needs. A DPA may fall short in medical situations. A separately and specifically drafted medical POA and advanced medical directive may be well advised. In addition, you'll probably want a will and/or trusts established and if there are minor children, you will want to handle them in the case you both die or become disabled.