How to Get Power of Attorney for an Elderly Parent

As parents age, it's important to have the authority that you need to act on their behalf. Financial, legal and medical decisions often require you to have formal paperwork in order to speak on their behalf, so it’s understandable why so many children have asked how to get power of attorney for an elderly parent. Obtaining a power of attorney (POA) is a legal way to ensure you can make decisions on their behalf when they are no longer able to do so. 

Here’s what you need to know.

Understand Power of Attorney

Power of Attorney is a legal document that grants one person (who is called the agent) the authority to act on behalf of another person (who is called the principal). 

There are different types of POA, including:

• General Power of Attorney: Grants broad powers to the agent.
• Limited Power of Attorney: Grants specific powers for a limited period.
• Durable Power of Attorney: Remains in effect if the principal becomes incapacitated.
• Medical Power of Attorney: Grants the agent authority to make healthcare decisions.
• Financial Power of Attorney: Grants the agent authority to make financial decisions. 

The right type of power of attorney will depend on what your parent needs. You can always consult with a legal advisor to make sure that you choose the right one. 

Have an Open Conversation

The hardest step to getting a Power of Attorney is getting your parent to consent to it. Some parents resist because they feel like they're losing independence or control when they give someone else this authority. 

Because of this, it's important to approach the conversation with empathy. Make it clear that you aren't trying to control their every day life. You can explain the importance of having a POA in place if a medical emergency makes them unable to decide their own course of treatment. Assure them that you will make sure their wishes are respected and their affairs are managed properly.

Proactively respond to any concerns they may have. This will help reassure them that this is for their protection and well-being.

Consult an Attorney

Consulting with an attorney who specializes in elder law can provide valuable guidance. An attorney can help you understand the legal requirements in your state, draft the necessary documents, and ensure that the POA is legally binding. They can also answer any questions you or your parent may have.

If you can’t afford legal guidance, you may be able to establish power of attorney without one. 

One of our clients, Nicole T., established power of attorney without legal help. She said, “I just found a template on a website. I customized it with my parents' names and information and printed it out. We had a notary come to their house to sign it. We also had a few witnesses there. I’ve used it several times without any problems.” 

Choose the Right Type of POA

The right type of POA will depends on your parent's needs and circumstances. For example, a durable POA is often recommended because it remains in effect if the principal becomes incapacitated. A medical POA can be crucial for making healthcare decisions. You may want to fill out more than one type. 

Select a Trustworthy Agent

The agent should be someone your parent can trust completely. They need to know that the agent will always act in their best interests. 

This is often a close family member, but it can also be a trusted friend or professional. Some parents want to choose someone who is not their child to be their POA, and that’s okay. If a parent has multiple children, they may avoid choosing a child to fill that role simply because they don't want to create conflict in the family.

The most important thing is to make sure that your parents trust the agent and that the agent is willing and able to take on this responsibility.

Draft the POA Document

Whenever possible, work with an attorney to draft the POA document. However, there are POA forms that you can find online without working with an attorney. 

Whichever route you choose, make sure the document clearly explains what the agent can do, what the agent cannot do, and when the POA is effective. You will also need to make sure the document conforms to any state laws so that it's valid and enforceable.

Execute the Document Properly

The POA document must be signed by your parent (the principal). In most states, it also needs to be notarized. Some states also require witnesses to be present during the signing. 

It’s important to follow your state's specific requirements to ensure the document is legally binding. Even if a notary and witnesses are not required, it never hurts to have them just in case. 

Distribute Copies

Once the POA is executed, you need to make sure it gets into the hands of the relevant parties. That means giving it to banks, doctors, hospitals, or other entities that need it. You can send them right away or just hand them out when it becomes necessary.  

Make sure that you always keep the original document in a safe place. Your parent should sign two or three copies so that everyone involved can have an original. Many organizations will refuse to honor copies. 

Review and Update as Needed

A POA can be changed and updated as your parent's needs and wishes evolve. Make sure that you take time to regularly review the POA and make sure that it still meets your parent's needs. If state laws have changed or the agent has become unable to serve, you may need to update it then as well.

Understand the Agent's Responsibilities

Being someone's agent is a serious responsibility. It means that you need to put your parents wishes and interests above your own. It's always a good idea to keep a detailed record of your transactions and decisions made on their behalf. That way, you can defend your choices if anyone has questions or concerns. Always act with integrity and transparency. 

Heartfelt Highlights

Obtaining a power of attorney for an elderly parent is a step in helping them age with dignity and maintain their independence. This critical document can help you make sure that their financial, legal, and medical affairs are always managed according to their wishes. By following these steps and working with a qualified attorney, you can create a POA that provides peace of mind for both you and your parents.