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How To Get Power of Attorney for Elderly Parent

If you are an adult child of an elderly parent, you may find yourself in a position where you need to get power of attorney. This can be a difficult process, and you will eventually think how to get power of attorney for elderly parent! But it is important to make sure that your parent is taken care of if they cannot take care of themselves. Here are some tips on how to get power of attorney for an elderly parent.

If you are an adult child of an elderly parent, then it’s likely that one day their health will decline to the point where they can no longer care for themselves.

The last thing any family wants is for loved ones who have had a long life full of love and happiness to end up in nursing homes or hospices. This may be because we weren’t able to take good enough care of them or various other reasons.

However, sadly many people don’t know what steps need to be taken beforehand so here I am giving guidance on how to get the power of attorney which may help avoid such scenarios from happening at all!

Types of Power of attorney

There are several types of power of attorney based on the circumstances and needs of the elderly. Understanding the legal terms is necessary. Moreover, make sure that your elderly parents are in a good mood and ready for this when you bring it up.

  • General Power of Attorney
  • Medical Power of Attorney
  • Durable Power of Attorney
  • Limited Power of Attorney
  • Springing Power of Attorney

talking with family member about power of attorney

General Power of Attorney

The general power of attorney gives you the authority to make decisions in any scenario. It’s perfect for when your parent needs help with their finances, signing documents, and handling banking matters like opening accounts or making withdrawals from retirement funds.

Many people prefer this type as “Financial power of attorney” because they handle so much involving money!

Medical Power of Attorney

This is another important time to make sure your parent has granted you this type of authority before they are considered incapable of making medical decisions in their right mind. With the power written into law, nothing is stopping us from protecting our loved ones and ensuring that life goes on as normal while still meeting all necessary standards set forth by society today!

Durable Power of Attorney

A durable power of attorney is the best way to make sure your aging parents can be taken care of no matter what. It allows you, as their agent and caregiver, control over financial and medical decisions. You will make decisions they may need assistance with in regards to medical power or financial decisions.

Limited Power of Attorney

Limited power of attorney is a great choice for an aging parent if they want you to handle something specific on their behalf. This can be considered in various conditions like mental health, medical procedures, significant cognitive decline, and more.

A limited power of attorney allows someone else to act for you for a specific task or tasks, called “Specific Powers”. Only those “specific powers” are allowed by the agent, and cannot include financial matters, or other matters that would need to be handled by the principal.

Typically, anyone who is at least 18 years old and of sound mind can grant limited powers of attorney.

Springing Power of Attorney

Well intended parents may want to consider a springing power of attorney in case they become unable or unwilling to make decisions on their own. Springing power can be effective because it only takes effect when the principal is declared incompetent.

In this way, financial obligations, healthcare decisions, legal decisions, and personal decisions are transferred to one of the family members according to the principal’s wishes.

legal documents related to medical decisions, financial power and financial decisions

How To Get Power Of Attorney For Elderly Parents Or Grandparents

If you are not able to be the health care proxy for your parent, then it’s important to find someone else who can be. This is why talking about these things with your siblings is so important. One of you will likely be the best candidate to be a durable power of attorney.

Once you have picked the person who will be your parent’s health care proxy, you will need to have a conversation with them about your parent’s wishes.

Make sure that they are aware of everything, including any financial information. It’s also important to make sure that they are comfortable with the responsibility of being a health care proxy.  

If everything is in order, your next step will be to create a durable power of attorney document. This document needs to be signed by both you and your parent and it must be notarized. It’s also important to keep the document in a safe place.

1. Talk To Your Parents About Durable Power Of Attorney

The first step in getting power of attorney is to talk to your parents about it. This can be a difficult conversation, but it is important to have it if you want to ensure that your parents are taken care of if they cannot take care of themselves.

Firstly, you will need to get to know your parent’s wishes. When it comes to financing, they may have set up power-of-attorney to allow someone else to manage their finances for them in case they’re incapacitated and not able to do so themselves.

Another document you might want to look into is a living will. This document can be extremely helpful in outlining your parent’s wishes for their end-of-life care.

Of course, talking about death and will is never an easy conversation, but you must have these conversations with your elderly parents while they are still able to have the conversation.

2. Get The Power Of Attorney Documents Prepared

Once you have talked to your parents about power of attorney, you will need to get the power of attorney documents prepared. This can be done by a lawyer or by downloading power of attorney forms from the internet.

No matter which route you choose, it’s important to have the documents notarized. This will ensure that they are legally binding and that your parents’ wishes will be carried out. Keep in mind that there might be specific state laws that you need to follow when creating power of attorney documents.  

3. Talk To Your Siblings About Medical Power Of Attorney

It’s important to talk to your siblings about power of attorney. This is especially important if you are not able to be the health care proxy for your elderly parent. One of your siblings should be named as the durable power of attorney in case something happens.

If you cannot work out the specifics with your siblings, it would be a good idea to talk to an attorney.   Work together on making sure that your parent’s wishes are carried out. This is something that isn’t just for you; this is for your elderly parents as well.

health care decisions and legal requirements

4. Have Your Parents Sign The Power Of Attorney Documents

Once the power of attorney documents are prepared, you will need to have your parents sign them. This can be done in person or online, depending on how comfortable your parents feel about signing documents online.

They should be made aware that it is legally binding and they must make sure to read through the documents carefully to ensure that there isn’t anything in them that they do not wish.  

It’s also important to make sure that your parents understand what power of attorney means for them.

5. Have The Documents Notarized

As mentioned before, it’s important to have the power of attorney documents notarized. This will ensure that they are legally binding and that your parents’ wishes will be carried out.  

Be sure to keep a copy of these documents for your records.

6. Make Sure Your Parents Have A Power Of Attorney Plan In Place

It is important to make sure that your parents have a power of attorney plan in place. This can include naming someone power of attorney, making provisions for finances, and preparing an estate plan if needed.

If your parents are not able to discuss their wishes with you, it’s best to talk about this matter with a medical professional because they are well informed and can provide the best guidance. You can also call Golden Age Companions Office to get answers to all of your questions!

7. Keep The Power Of Attorney Forms Up To Date As Circumstances Change

If circumstances change, you will need to update power of attorney documents so that they reflect current circumstances. This can be done with a lawyer or power of attorney forms downloaded from the internet.

8. Talk To Your Parents About Power Of Attorney Every Few Years

Power of attorney documents needs to include who will take the power of attorney in case you become unable to do so. It is also important for this power of attorney to have power over finances and healthcare if necessary. This can be a difficult conversation, but it is important to have it every few years as your parent’s age.

This is especially relevant if your parent has recently been diagnosed with an illness that will eventually lead to death or if they are already in a hospice.

Once you have an idea of what your parent would like, you can begin to look for the right person to help you execute their wishes.

9. Keep The Power Of Attorney Documents Safe So That They Are Available When Needed

Once the power of attorney documents are executed, keep them somewhere safe where they will not be lost and will be available when they are needed. This can include keeping power of attorney documents in a safe deposit box, keeping power of attorney documents with the power of attorney, or keeping power of attorney documents at home somewhere secure.

10. Follow Any Instructions Your Parents Give You About Power Of Attorney

If your parents give you specific instructions regarding power of attorney, follow those instructions. It is better to be cautious than to have power of attorney revoked or power of attorney documents thrown away.

As you can see, getting power of attorney for an elderly parent is not as easy as it sounds. However, having power of attorney is extremely important so that your parents are taken care of if they cannot take care of themselves.

How To Get Power Of Attorney For Elderly Parent With Dementia

We all know that getting old is a tough journey. It can be especially difficult for those who have to navigate the world around them with dementia or Alzheimer’s. As you’re reading this, you might have this question that how to get power of attorney for someone with dementia. You must be thinking about your parent and how it would feel if they couldn’t make their own decisions anymore.   

Whether you’re doing research or already know that your parent has dementia, it is important to consider the implications of having them declared legally incompetent.

By executing a durable power of attorney for health care and/or finances during their healthy stage, you can prepare yourself to take over in case they experience cognitive decline.

Frequently Asked Questions

Here are some queries people often ask when thinking about how to get power of attorney for an elderly parents.

How To Be A Power Of Attorney For Elderly Parents?

To be a power of attorney for elderly parents, you need to prove that they no longer have the mental capacity or ability to make their own decisions. This is typically proven by producing evidence from a health care provider that states they are incapable of caring for themselves without assistance from an outside party.

You will also need a notarized Power Of Attorney document, drafting a trust if necessary and nominating an executor for your loved ones’ final affairs if needed.  It’s important to note that having someone over 18 years old be granted as their guardian will require them to take on these responsibilities at any time in the future when there may not be another available solution.

When To Get Power Of Attorney For Elderly Parents?

Although there is no one golden rule that tells you “the time to get Power of Attorney.” It’s advisable to get a power of attorney for elderly parents when they can’t take care of themselves.

Also read:

Power of Attorney for Elderly Parent – 10 Issues to Consider

The benefits of Home Health Care

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