”durable power of attorney”
My husband recently died. I purchased a new durable power of attorney and living will forms and my lawyer tells me
the laws changed in 2000 and HE has to write the agreements
and is charging $800 for these 2 documents and to re-write my will. THey basically just need to be re-typed. Is there a less expensive way to do this? I feel like I’m being ripped off. I saw him Tue. so don’t know if he has started the paperwork.
Re: ”durable power of attorney”
The laws did change with respect to Powers of Attorney that require a notice (the content and appearance are expressly set forth in the statute) to be signed by the principal and an acknowledgement signed by the agent. Failure to update a Power of Attorney to comply with this statutory change does not void the old Power of Attorney, rather is shifts the burden to the agent to prove that the exercise of the agents authority is proper. Accordingly, it is prudent to revise a power of attorney to comply with the statutory change.
As to the expense for legal fees. All attorneys structure their fees differently and should be based in part on the amount of time involved and/or complexity of the matter. When representing a client for the first time in a matter, the attorney must place the fee arrangement in writting. You should discuss the attorney’s fee prior to engaging representation. While a decision to engage an attorney should not be based solely on the amount of the fee, it is appropriate to consider speaking with other attorneys regarding their services and fees.
CHARLES WEINER
Law Office of Charles Weiner
Cambria Corporate Center – 501 Cambria Avenue
Bensalem, PA 19020