Dear Autumn,
1. We are glad to inform you that we provide easy to use and understand fill-able forms (you may fill in the blanks and add additional wishes at the space provided).Yes, our forms are designed to be used immediately after you downloaded and completed them.
2. You asked a question whether your father needs Power of attorney forms for both Wisconsin and Illinois states. Generally, if a Power of Attorney was validly executed in one state it will be valid in another state. So, your father may execute a Power of Attorney for one state, preferably Wisconsin if he is planning to move there.
3. One of the most important conditions for the validity of a Power of attorney is proper witnessing procedure. A declaration must be signed by the declarant in the presence of 2 witnesses.
Another person, or one of the witnesses, can sign the declaration if the declarant is unable to sign. The signing must be in the declarant's presence. Signing in this manner must be acknowledged or signed in the presence of two witnesses.
Each witness to the execution of a power of attorney for health care MUST be an individual who has attained age 18.
According to both Wisconsin and Illinois laws, no witness may, at the time of the execution, be any of the following:
- Related to the principal by blood, marriage or adoption.
- Have knowledge that he or she is entitled to or has a claim on any portion of the principal's estate.
- Directly financially responsible for the principal's health care.
- An individual who is a health care provider who is serving the principal at the time of execution, an employee, other than a chaplain or a social worker, of the health care provider or an employee, other than a chaplain or a social worker, of an inpatient health care facility in which the principal is a patient.
- The principal's health care agent.
To be completely safe on the witnessing part we would recommend you to notarize your document.
4. Because of the complexity of a Power of attorney for property and finances and Health care power of attorney we would recommend you to have these documents as separate documents. We currently provide only Power of Attorney for property and finances service on our website. We are launching a Health Care Directive service (including a Power of Attorney for health care) next month.
Disclaimer: Legal Helpmate Corp. is not a law firm and does not give legal advice. If difficult legal issues are involved, you should consult an attorney.
Best regards,
Customer Support
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