# POA forms... I really need a lawyer? **URL:** \ **Category:** Uncategorized\ **Created:** [September 3, 2024, 11:59am UTC](https://community.clark.com/t/poa-forms-i-really-need-a-lawyer/6101 "2024-09-03T11:59:47Z")\ **Posts on this page:** 14\ **Page:** 2
**Author:** ![livinginthecountry](https://avatars.discourse-cdn.com/v4/letter/l/c2a13f/32.png) [@livinginthecountry](https://community.clark.com/u/livinginthecountry)\ **Post date:** [January 26, 2025, 5:08am UTC](https://community.clark.com/t/poa-forms-i-really-need-a-lawyer/6101/21 "2025-01-26T05:08:24Z")
In my recent experience, it’s becoming increasingly difficult to use a POA. Banks want to send it to their legal department for approval, even if you’ve been their customer for years. One bank refused to honor my husband’s because it was “too recent”, even after he called them. Imagine the branch manager having to explain why we closed our brokerage account. ---
**Author:** ![H200h](https://avatars.discourse-cdn.com/v4/letter/h/e79b87/32.png) [@H200h](https://community.clark.com/u/H200h)\ **Post date:** [January 26, 2025, 4:46pm UTC](https://community.clark.com/t/poa-forms-i-really-need-a-lawyer/6101/22 "2025-01-26T16:46:42Z")
> [@livinginthecountry](#): > > In my recent experience, it’s becoming increasingly difficult to use a POA. A home-grown POA with just a notary stamp is too easy to create fraudulently. Too many people in this country have “a friend who is a notary,” who is willing to notarize just about anything written on a piece of paper. I would be hesitant to use a financial institution that _ **didn’t** _ insist on running a POA by their legal department. ---
**Author:** ![charlieg](https://avatars.discourse-cdn.com/v4/letter/c/ebca7d/32.png) [@charlieg](https://community.clark.com/u/charlieg)\ **Post date:** [January 26, 2025, 6:01pm UTC](https://community.clark.com/t/poa-forms-i-really-need-a-lawyer/6101/23 "2025-01-26T18:01:34Z")
And this compares how to a notary that sits in the office of an attorney? I’m not trying to start a fight here, but I’ve hard attorneys cost me a couple of 100k - through either lack of effort or just ignorance. Banks - are up there with airlines, I really don’t care if they go out of business. Think 2008. So, how is a “bank’s” legal department going to vet this? The entire point of a notary is that they are licensed and bonded by the state. Honest question truly. ---
**Author:** ![H200h](https://avatars.discourse-cdn.com/v4/letter/h/e79b87/32.png) [@H200h](https://community.clark.com/u/H200h)\ **Post date:** [January 26, 2025, 9:11pm UTC](https://community.clark.com/t/poa-forms-i-really-need-a-lawyer/6101/24 "2025-01-26T21:11:44Z")
I’m not suggesting they run it by another notary. I’m suggesting they run it by a lawyer. A notary does not evaluate the legitimacy of a document. They are required ask the person signing the document if they understand what they are signing, that they not being coerced into signing it, and if the document contents are true. Beyond that the only thing they are duty-bound to do is make sure the person signing the document is who they say they are. Beyond that [they are not required to evaluate document’s content or verify the document’s legality](https://www.asnnotary.org/?form=basicduties). Notaries are not legal experts. I’ve been executor of an estate where a document that had been certified by a notary was proven to be fraudulent. It happens often in cases involving older incapacitated adults. Attorneys are expensive, but sometimes no attorney is the most expensive. 🙂 [American Society of Notaries](https://www.asnnotary.org/?form=basicduties) ---
**Author:** ![NancyM](https://avatars.discourse-cdn.com/v4/letter/n/439d5e/32.png) [@NancyM](https://community.clark.com/u/NancyM)\ **Post date:** [January 27, 2025, 1:26am UTC](https://community.clark.com/t/poa-forms-i-really-need-a-lawyer/6101/25 "2025-01-27T01:26:46Z")
I went through that with BOA as POA for my dad’s account about 10 years ago-- they had their legal dept review the documents, which took a few days. Yes, it was a little bit of an inconvenience/delay, but I’d rather that banks, etc. double-check and verify forms to prevent fraud. I was OK with it. There’s just too much fraud out there. ---
**Author:** ![NancyM](https://avatars.discourse-cdn.com/v4/letter/n/439d5e/32.png) [@NancyM](https://community.clark.com/u/NancyM)\ **Post date:** [January 27, 2025, 1:28am UTC](https://community.clark.com/t/poa-forms-i-really-need-a-lawyer/6101/26 "2025-01-27T01:28:44Z")
> [@H200h](#): > > I would be hesitant to use a financial institution that _ **didn’t** _ insist on running a POA by their legal department. 100% this !! ---
**Author:** ![charlieg](https://avatars.discourse-cdn.com/v4/letter/c/ebca7d/32.png) [@charlieg](https://community.clark.com/u/charlieg)\ **Post date:** [January 27, 2025, 11:17am UTC](https://community.clark.com/t/poa-forms-i-really-need-a-lawyer/6101/27 "2025-01-27T11:17:55Z")
got it. My point is that running it by a random attorney is mostly useless. ---
**Author:** ![charlieg](https://avatars.discourse-cdn.com/v4/letter/c/ebca7d/32.png) [@charlieg](https://community.clark.com/u/charlieg)\ **Post date:** [January 27, 2025, 11:18am UTC](https://community.clark.com/t/poa-forms-i-really-need-a-lawyer/6101/28 "2025-01-27T11:18:17Z")
I’m handling two estates at the moment. The bank where the executor accounts are require a death certificate, letters of testament, and ID. That’s it. Now, that’s not the original direction of my post (was about POAs), but if banks will handle executor accounts this way, I don’t see how they can do this and not have the same behavior with POA actions. But I get the fraud part. The original question regarded attorney’s drawing up POAs using the same forms we have on line. TY, that’s be $200+. I’m seeing the same thing happen to my FIL will charges from his attorney. Appreciate the different perspectives. ---
**Author:** ![H200h](https://avatars.discourse-cdn.com/v4/letter/h/e79b87/32.png) [@H200h](https://community.clark.com/u/H200h)\ **Post date:** [February 3, 2025, 5:05pm UTC](https://community.clark.com/t/poa-forms-i-really-need-a-lawyer/6101/29 "2025-02-03T17:05:13Z")
> [@charlieg](#): > > Appreciate the different perspectives. As executor if you are dealing with anything over $1M per estate I would suggest retaining counsel. When money is on the table normal people you think you know may act differently than you anticipate, and when they do your actions will be subject to legal review. ---
**Author:** ![charlieg](https://avatars.discourse-cdn.com/v4/letter/c/ebca7d/32.png) [@charlieg](https://community.clark.com/u/charlieg)\ **Post date:** [February 3, 2025, 6:39pm UTC](https://community.clark.com/t/poa-forms-i-really-need-a-lawyer/6101/30 "2025-02-03T18:39:10Z")
Agreed - the estate in question is well below that. ---
**Author:** ![ladybuglake](https://sea2.discourse-cdn.com/flex016/user_avatar/community.clark.com/ladybuglake/32/170_2.png) [@ladybuglake](https://community.clark.com/u/ladybuglake)\ **Post date:** [April 30, 2025, 11:00am UTC](https://community.clark.com/t/poa-forms-i-really-need-a-lawyer/6101/31 "2025-04-30T11:00:15Z")
Some women in my town, who are Russia who marry older US men wait until family out of town and husband confused to have him sign a new will, leaving all to her. My nurse friend in DC said asian new wives will do this as well. Families need to be more diligent, even if it means hiring a “witness” nursing aide. Is there a way it could specify a name on the original will be notified of any changes that the confused parent may make?? ---
**Author:** ![ladybuglake](https://sea2.discourse-cdn.com/flex016/user_avatar/community.clark.com/ladybuglake/32/170_2.png) [@ladybuglake](https://community.clark.com/u/ladybuglake)\ **Post date:** [April 30, 2025, 11:02am UTC](https://community.clark.com/t/poa-forms-i-really-need-a-lawyer/6101/32 "2025-04-30T11:02:18Z")
my library has a free notary. If I cannot trust that she/he is the real thing, than who can I trust? ---
**Author:** ![H200h](https://avatars.discourse-cdn.com/v4/letter/h/e79b87/32.png) [@H200h](https://community.clark.com/u/H200h)\ **Post date:** [April 30, 2025, 3:41pm UTC](https://community.clark.com/t/poa-forms-i-really-need-a-lawyer/6101/33 "2025-04-30T15:41:04Z")
If your local public library has a free notary service, I would trust them more than someone randomly chosen from the Internet, phone book or casual reference. The library’s notary is likely a library employee and has been checked out. ---
**Author:** ![ladybuglake](https://sea2.discourse-cdn.com/flex016/user_avatar/community.clark.com/ladybuglake/32/170_2.png) [@ladybuglake](https://community.clark.com/u/ladybuglake)\ **Post date:** [April 30, 2025, 11:06pm UTC](https://community.clark.com/t/poa-forms-i-really-need-a-lawyer/6101/34 "2025-04-30T23:06:14Z")
Thank you. Most people who work with taxes, and numbers, will either be, or know a reliable notary. I think staples may also have one. [Previous page](https://community.clark.com/t/poa-forms-i-really-need-a-lawyer/6101.md?page=1)