How to Get Power of Attorney for a Senior Parent

As parents age, it can become harder for them to care for themselves and live independently. Adult children often help through family caregiving, but parents can also specify the type of help they’d like through a power of attorney.

A power of attorney (POA) is an important legal tool that lets a person declare who has the authority to make their medical or financial decisions if they are unable. The signed document provides peace of mind for both parties. In this case, senior parents can spell out their wishes, and adult children can then honor them.

What Is a Power of Attorney?

A power of attorney is a legal document in which a person names who they want to make decisions on their behalf. Within the document, the person will be called the “principal,” and the person they name as their decision-maker is the “agent.” The POA authorizes the agent to make decisions for the principal based on specifically stated conditions, including what kinds of decisions can be made in certain situations.

POA documents can be drafted for a few different circumstances:

• Durable Power of Attorney: The principal can name an agent to make medical or financial decisions. The agent will continue making decisions on the principal’s behalf until they pass away. A durable POA is the most relevant to aging parents when planning end-of-life care.
• Medical Power of Attorney: The principal can name an agent to make healthcare decisions for them if they’re unable to communicate. This is also known as a healthcare POA.
• Financial Power of Attorney: The principal can designate an agent to pay their bills, manage their funds, or make other financial decisions on their behalf.
• Limited Power of Attorney: The principal can assign an agent to perform one or more specific tasks on their behalf, such as selling their home.
• General Power of Attorney: The principal can name an agent to manage their finances while they are able to make decisions. This POA ends when they become incapacitated.

Power of Attorney vs. Guardianship

A power of attorney does not give the agent guardianship of the principal. A POA is an empowering way for a person to choose ahead of time who can make certain decisions for them in specific situations if they become unable to do so. The forms are often standardized and simple to execute, making them a proactive, routine, and inexpensive way to prepare for the future.

In contrast, guardianship is a last-resort process that involves the courts. Generally, an attorney will have to help someone make the case that another person cannot care for themselves. It is intentionally very detailed and precise, which can be expensive and time-consuming because it involves a judge making a decision to give a person's civil rights to someone else, who will then be fully responsible for them.

Talking about estate documents with your aging parents and encouraging them to get a POA before they need one lets them choose for themselves who can make decisions for them when needed.

When Do You Need Power of Attorney for a Parent?

A power of attorney for an elderly parent may be necessary if you notice:

• They’ve forgotten to pay their bills.
• They seem confused about managing their finances.
• They’re unable to take their medications at the correct times.
• Their safety and well-being are at risk due to confusion or memory lapses.
• They don’t make decisions without input from relatives.

Ideally, your elderly parents should have a power of attorney in place before they lose the ability to make decisions, which can happen for several reasons. Cognitive decline due to dementia or Alzheimer’s isn’t the only possibility; a heart attack, stroke, car accident, illness, or hospitalization can also make it impossible for them to weigh in on their care.

Some older adults have difficulty managing their finances or navigating medical care in general, even if they aren’t mentally incapacitated. They might also benefit from a POA.

How to Get Power of Attorney for a Parent (Step-by-Step)

Your senior parent must complete the POA documents, but you can help the process along.

Step 1: Have a Conversation

It’s a touchy subject, but this may be one of the most important discussions you’ll have with your parents. Be patient, empathetic, and respectful. Explain that a POA lets them choose the person they want to make decisions for them. Let them know you aren’t trying to take control. Rather, you can discuss their wishes so you will know what their preferences are, and you can reassure them that you will carry out their requests. Planning ahead makes this possible.

Step 2: Determine the Type of POA Needed

Can your parents manage everything except selling their home? Do they need someone to pay their bills? Would they like you to weigh in on their healthcare decisions? There are different POA documents for each scenario. Discuss the options to help your parents decide what’s best.

Step 3: Ensure Your Parent Has Mental Capacity

Your parents must understand the POA provisions to sign it. If they were recently diagnosed with dementia and don’t have a POA, their physician might write a letter confirming they still have the mental capacity to make decisions. If they act quickly, they might get POA.

Step 4: Complete the POA Form

Power of attorney forms are available online. Your parents can complete them independently or meet with a lawyer if they have complex requests. Each state has its own POA documents. If you or your parents get forms online, make sure they’re state specific.

Step 5: Sign & Notarize the Document

If your parents don’t have a lawyer, find out how to make their POA legally valid. Rules vary by state. Your parents may need to have the forms notarized and signed by witnesses.

Step 6: Distribute Copies to Relevant Parties

A financial POA should go to your parent’s bank or financial planner. Their healthcare providers should receive their medical POA. Keep the original with your parents’ important documents, save a copy, and share copies with close relatives.

Common Challenges with Power of Attorney

Setting up POA is often simple. Other times, it can be challenging because of:

Family Disagreements

Siblings may argue over who should be the agent. It’s the parent’s decision, though they may consider the children’s input. Some parents appoint one child as a financial POA and another as a medical POA. In some states, parents can make children co-agents.

Parental Resistance

Your parents may not want to discuss POA because end-of-life matters can be upsetting. They might worry about surrendering their independence. Reframe the conversation: POA is designed to protect them, and completing the paperwork now ensures it will be ready when needed.

Timing Issues

Waiting too long can prevent your parents from designating a POA if they become mentally incapacitated. You’ll have to establish guardianship through the legal system, which is a costly and time-consuming process.

How Power of Attorney Helps Seniors & Family Caregivers

POA is an indispensable document. It seamlessly transfers decision-making authority from your parents to the person they believe will keep their best interests in mind for financial or healthcare decisions.

Your parents will benefit from a POA because:

• You can make medical decisions in an emergency
• It prevents delays in care
• You can pay your parents’ bills and manage their funds
• Family members won’t worry about your parents’ ability to manage finances

Family caregivers also benefit from a POA, which makes it easier to:

• Coordinate doctor visits
• Manage your parents’ prescription medications
• Pay their medical bills
• Speak with their health insurance company

Frequently Asked Questions About Power of Attorney for an Elderly Parent

How much does it cost to get power of attorney for a parent?

There are no set fees for a POA. Some people find the documents online and complete them for free. Others meet with a lawyer; fees vary by location.

What kind of power of attorney is best for an elderly parent?

If your parents want someone to make decisions on their behalf for the rest of their life, they need a durable power of attorney. Other options limit an agent’s ability to make decisions.

What’s the quickest way to get power of attorney?

Getting POA documents online doesn’t take long. Select the form that’s applicable in the state where your parent lives.

Do you need a lawyer to get power of attorney?

No, lawyers aren’t always necessary to complete POA documents. Many states permit people to handle the process themselves. However, working with a lawyer ensures accuracy and helps avoid complications. If your parent has a significant financial portfolio or complex family dynamics, a lawyer can offer recommendations. If their situation is straightforward, your parents may choose the do-it-yourself route. It’s their judgment call.