How To Get a Power of Attorney for Elderly Parents [Examples + FAQs] 

As your parents age, planning ahead can help you support them and ensure their wishes and best interests are protected.

While it’s important to respect their independence, it’s equally necessary to ensure they receive the care they need as they enter their golden years.

Appointing a power of attorney (POA) is a mindful way to help your aging parents prepare for the future. It ensures their wishes are honored, even if a time comes when they’re unable to make those decisions themselves.

In this article, we’ll explain the different types of power of attorney, walk you through the step-by-step process of obtaining a POA, answer frequently asked questions surrounding the topic, and more.

What Is a Power of Attorney (POA)?

A power of attorney (POA) is a legal document that allows a designated person (the agent or attorney-in-fact) to manage an individual’s (the principal’s) finances or medical care.

Having a POA in place helps ensure that a trusted individual, such as an adult child, can fulfill their elderly parent’s wishes in an emergency or when they’re unable to manage their affairs.

6 Types of Power of Attorney

A power of attorney allows you to step into your elderly loved one’s shoes and manage their tasks, whether it involves paying bills on time or making important healthcare decisions.

Common types of power of attorney include:

1. Durable Power of Attorney

Durable power of attorney remains effective even if the principal becomes mentally incapacitated.

For example, if your elderly parent develops a neuro-degenerative condition like dementia and can no longer manage their financial affairs, the durable POA allows you to handle tasks such as paying bills and managing investments on their behalf.

2.Non-Durable Power of Attorney

Non-durable power of attorney has a limited duration and is ideal for short-term use.

It expires either when the principal becomes incapacitated or after the specific task it was created for is completed.

For example, if your elderly parent is hospitalized or traveling, you can temporarily manage their affairs, such as physically signing documents on their behalf while they’re unable or unavailable to.

3. General Power of Attorney

General power of attorney is broad and flexible and grants the agent extensive authority to act on the principal’s behalf in different situations, such as signing legal documents and handling business transactions.

It covers both financial and medical decisions unless the principal states otherwise.

For example, if your elderly parent is sick due to a chronic illness, this POA authorizes you to handle everything from paying bills to making medical appointments.

4. Springing Power of Attorney

Springing power of attorney only takes effect when the principal is no longer capable of making decisions for themselves.

Until then, it remains inactive, giving the principal time to appoint an agent to manage their affairs.

For example, if your elderly parent falls ill or becomes mentally incapacitated, the springing POA would activate. This allows you, as the appointed agent, to step in and manage their medical decisions or other legal matters on their behalf.

5. Special Power of Attorney

Special power of attorney, also known as a limited power of attorney, allows the principal to authorize their agent to make specific legal or financial decisions on their behalf.

The agent should make these decisions only under clearly defined conditions, which may be limited by time or scope.

For example, if your elderly parent is traveling abroad for an extended period and needs someone reliable to handle their real estate transactions back home, they can use this special POA to authorize you to manage their rentals while they’re away.

6. Medical Power of Attorney

Medical power of attorney enables the principal to arrange for their future medical care, in case they become unable to make decisions for themselves.

A medical POA is essential for ensuring the principal’s medical treatment matches their preferences or beliefs when they are unable to express themselves.

For example, if your elderly parent develops Alzheimer’s and gradually loses the ability to make sound decisions, a medical POA would enable you to decide on treatments and care options that reflect your parent’s previously stated preferences.

Why Do I Need a Power of Attorney for My Elderly Parent?

Setting up a POA for your aging parent can help give peace of mind about their future, especially when they can no longer make decisions due to health reasons.

Here are the key benefits of having a POA in place:

• Manage financial affairs: A POA allows you to manage your parent’s financial needs, such as banking, bill payments, and investments, especially if they’re no longer able to manage these on their own.
• Make healthcare decisions: Making medical decisions for elderly parents can be challenging due to the complexity of issues and unpredictable outcomes. A POA allows you to make these decisions on their behalf if they become incapacitated, ensuring they receive the care they desire.
• Legally represent your parents: A POA empowers you to manage legal matters for an elderly loved one, including signing documents and handling legal issues.
• Guarantee continuity of care: A POA ensures your parents’ affairs are smoothly managed without interference, providing stability when they need it most.
• Grant your elderly parents’ personal wishes: Regardless of age, everyone wants to feel heard, and as seniors age, independence may become the only aspect of their lives they feel they can control. A POA enables your elderly loved one to express their financial and healthcare preferences in advance.

When Should I Get a Power of Attorney Over an Elderly Parent?

Consider obtaining a power of attorney for your elderly parent before they potentially start experiencing significant health issues or cognitive decline.

This ensures you can seamlessly manage their affairs if they become unable to do so themselves.

How to Obtain a Power of Attorney for Your Elderly Parent

If you’re planning to secure a POA for your aging parent, there are several key steps to follow.

These steps will help guide you through the process smoothly and ensure your parent’s best interests are protected.

1. Selecting the Agent: Your elderly parent chooses the individual who will act as their agent or attorney-in-fact. This should be someone they trust, such as an adult child or family member, who understands their values and wishes and is willing to act on their behalf in financial, legal, and medical matters.
2. Defining Authority: Your elderly parent then decides exactly what powers the agent will have. This can range from broad authority to manage all affairs to limited power for specific tasks, such as handling bills or medical decisions.
3. Creating Health Documents: In addition to a POA, your parent should consider creating a healthcare directive or living will. A living will specifies their wishes regarding medical treatments and end-of-life care, complementing and supporting the POA.
4. Signing the Document: To ensure the POA is legally binding, your parent must sign it in the presence of a notary public and two witnesses. This step can help prevent fraud and ensure that financial institutions, hospitals, and courts recognize the document’s authority.
5. Distributing the Document: After signing and notarizing the power of attorney, copies should be distributed to all relevant parties. This includes family members involved in decision-making, banks, doctors, and anyone else who needs to verify the agent’s authority.

Explore Compassionate Senior Care at Always Best Care

Setting up a POA can be a sensitive topic. However, it’s a good start to ensuring your elderly parent’s wishes are respected and their needs are met with dignity.

It also gives you peace of mind knowing that you’re prepared to provide them with the care they deserve.

At Always Best Care, we understand the struggles of navigating senior care. That’s why we’re here to make sure you have the support and resources you need to make informed decisions for your elderly loved ones.

Our services include:

• In-Home Care Services: We provide round-the-clock assistance including companionship, meal preparation, nutrition monitoring, medication reminders, light housekeeping, and help with personal care like bathing, grooming, and dressing.
• Skilled Home Health Care Services: Available in select areas, our trained caregivers and home health aides develop comprehensive care plans for your elderly loved one.
• Specialized Home Care Services: We offer daily social interaction and healthcare monitoring in the comfort of your loved one’s home.
• Respite Care Services: Even family caregivers need time to reboot. Our respite care services can help make sure your loved one receives continuous, compassionate care. Services can last from a few hours to several days, based on needs.
• Dementia Care Services: Providing specialized care focused on the comfort, safety, and well-being of individuals with dementia, we can help your elderly loved one experience a high quality of life in a familiar and supportive environment.
• Senior Living Referral Services: We can guide your elderly loved one to their ideal senior living community by matching their specific needs, budget, and location preferences with the best options out there.
• Veterans Assistance Program: Top-notch care is available for veterans, along with assistance in securing the necessary funds they need.

FAQs About Power of Attorney for Elderly Parents

Find answers to frequently asked questions about getting a power of attorney over your elderly parent.

Is obtaining a power of attorney the same in every state?

Generally, a power of attorney executed in one state is recognized in another, thanks to the Full Faith and Credit Clause of the U.S. Constitution.

For example, if a POA was properly executed according to another state’s laws, it can be used in Florida. However, its use will be governed by Florida’s Power of Attorney Act and other relevant state laws.

Do you need a lawyer to get power of attorney?

No, you don’t need a lawyer to create a power of attorney (POA).

However, consulting one can be helpful. A lawyer can ensure the POA meets all the legal requirements in your state, addresses all necessary specifics, and truly reflects your parent’s wishes.

Does a power of attorney expire?

Yes, a power of attorney can expire under certain conditions, such as the principal’s death or if it was granted for a specific task, in which case it expires once the task is completed.