Do-It-Yourself forms, especially those off of the internet, are becoming extremely popular in all professions. For the most part, estate planning and elder law have not been impacted like other professions. The main reason why we have largely remained unaffected is because of the specific language that is provided for an outcome to a family if they have a loved one enter a nursing home. To date, I have seen zero online forms or pre-printed forms that provide that language. In contrast, some younger families may use the forms and may get away with them, as we age caveat emptor.

 

To those who ask me if an online form or a DIY form is “good enough,” I always answer like the old farm oil filter commercial, saying, “Pay me now or pay me more later.” Although noted as a joke, there is an underlying truth to the statement, both in monetary and emotional cost. Most people will generally get a Last Will and Testament as well as a Financial Power of Attorney and Healthcare Power of Attorney as a general baseline. However, Pennsylvania provides that the financial power of attorney must state with specificity every power that it is granting, and if a power is not specifically given in the document, the presumption is that the grantor of the power did not intend to give it, so, therefore, it is not given. Unfortunately, most Internet forms are not state-specific, and thus often do not comply with the state-specific rules or provide for necessary planning that a person may need as he or she ages. Frequently, people who use basic or internet-generated forms are not able to do planning later and end up losing much, if not all, of what they worked their lives for, simply because they did not get the documents drafted properly. Wills also have state-specific requirements that if not met, can cause the family a lot of extra work, heartache, time, and expense after the person passes. To assure peace of mind that, while alive and after death, your wishes can and will be fulfilled as intended, it is essential to have your documents drafted by somebody who specializes in estate planning and elder law. You can avoid paying more later if you do it properly now.

 

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