A Guide to Getting a Power of Attorney for a Parent

Share this content

Whether you’re just now stepping into a caregiver role or you’ve been a caregiver for years, you’ve probably already realized that caregiving isn’t just about taking over after driving retirement to get your mom to doctor appointments or picking your dad’s meds up from the pharmacy. You’re also helping them make decisions about their finances and keep track of medical records.

One of the most important things you can do as a caregiver for your parent is to make sure they have a designated power of attorney.

What Is a Power of Attorney?

A power of attorney (POA) is a legal document that allows your parent to decide whom they trust and want to act on their behalf and in their best interests should they become incapable of making decisions for themselves.

The duty of a power of attorney agent is to always act in the best interests of the principal.

When Should You Get Power of Attorney for a Parent?

Everyone over the age of 18 should have a power of attorney. Why? First, life is unpredictable, and once you become a legal adult, nobody else is legally allowed to make decisions on your behalf or talk to doctors about your medical condition.

Second, incapacity isn’t the only reason you might need a POA. For instance, a college student who is studying abroad might set up a POA so that their parents can handle their affairs while they’re out of the country.

The reason why POAs are strongly recommended for seniors is that it’s more likely that a health emergency could happen. Even if your parent is in good health right now, it’s wise to plan ahead for potential challenges. You simply never know when an injury or illness may take away your mom or dad’s capacity to manage their finances or make important decisions about medical care.

In fact, the best time to start considering a power of attorney is before a parent requires any caregiving.

What Are the Different Types of POA?

Your parent will probably need to create more than one power of attorney:

Financial

A financial POA grants the agent the authority to access and manage your parent’s monetary and/or property assets. For example, your parent might give the agent authority to pay bills, file taxes, make and manage investments, transfer money between different bank accounts, handle insurance claims, collect outstanding debts, sell or rent out property, or deal with retirement pensions and government benefit programs.

Medical

A medical POA grants the agent the authority to make healthcare related decisions based on your parent’s wishes. For example, your parent might give the agent authority to do things like choose their doctors, decide between treatment options, select an assisted living community, or communicate their wishes in an end-of-life situation.

General

A general POA takes effect immediately and grants an agent the authority to do anything that your parent can do legally. For example, a general POA might enable the agent to sign documents for your parent, pay their bills, and conduct financial transactions on their behalf. A general POA will terminate when your parent becomes legally incapacitated, so your parent may use it to grant an agent a comprehensive set of powers to help out while they are away from home for extended periods of time or if they need some assistance due to other reasons, such as physical illness or disability.

Limited

A limited or special POA grants the agent limited powers and/or time to act in a specific situation. For example, a limited POA might enable the agent to manage your mother’s move from her current home into an assisted living community or represent her in the sale of her current home. A limited POA usually expires when the task is completed or the timeframe ends.

A power of attorney can also be durable or springing:

Durable

A durable POA can be general or limited in scope, but it goes into effect when signed and stays in effect after your parent becomes unable to handle matters or make decisions on their own. For example, your parent may want help handling certain responsibilities right now as well as in the event that they lose the capacity to make decisions in the future. That’s what this kind of POA is for. Without a durable power of attorney, no one can represent your parent if they become incapacitated unless a court appoints a conservator or guardian. A durable POA remains in effect until your parent terminates it or they pass away.

Springing

Like a durable power of attorney, a springing POA can allow the agent to act for your parent if they become incapacitated, but it does not become effective until they become unable to handle matters or make decisions on their own.

How Do You Choose Who to Name as a POA?

Regardless of what type of power of attorney your parent’s use, it is important for them to think carefully about who they choose to be their agent. Typically, individuals choose a trusted family member to handle the responsibility of making health and/or financial decisions for them. It’s important to consider factors like health, geographic location, and personal and religious beliefs when choosing an agent.

Your parent might also want to consider naming a different agent and authorizing different powers for each person based on the best person for each job. For example, your parent might want to select one person to act as an agent for financial decisions and someone else to act as their agent when it comes to healthcare decisions.

Always let your parent make the final decision.

What Can a POA Do?

The powers of an appointed agent can be broad or narrow, depending on how the POA document is written. Here are a few examples of the kinds of decisions an agent can make:

A healthcare agent can decide:

  • What medical care your parent receives, including hospital care, surgery, psychiatric treatment, home healthcare, etc., depending on their financial means and the approval of their financial agent
  • Which doctors and care providers your parent uses
  • Where your parent lives, including decisions regarding assisted living and memory care

A financial agent can:

  • Access your parent’s financial accounts to pay for health care, housing needs, and other bills
  • File taxes on your parent’s behalf
  • Manage your parent’s property

What Can’t a Power of Attorney Do?

One of the biggest misconceptions seniors have about POAs is that they will lose their independent right to make decisions for themselves when they sign it or when the power kicks in.

However, with a durable power of attorney, your parent continues to have all the rights they had before they signed the POA. They can still sign documents, withdraw money from their bank accounts, and make other legal decisions until a court order says they lack the capacity to do so.

An agent cannot:

  • Change your parent’s will
  • Break their fiduciary duty to act in your parent’s best interest
  • Make decisions on behalf of your parent after their death
  • Change or transfer POA to someone else

What Happens If There Isn’t a Power of Attorney?

If your parent doesn’t have a POA and something happens to them, you may have to go to court to get the authority to handle their financial matters and make medical decisions on their behalf.

But during a health emergency, there won’t be time to do this. Instead, a stranger could end up making those decisions.

Where Can You Get a Power of Attorney?

POA forms can be downloaded from the internet. However, do-it-yourself POA options have limitations. An experienced attorney can make sure your parent’s POA has everything they need and that it covers all the fine print in your state’s laws.

Where Do You Keep These Documents?

The original POA document should be kept in a secure location where the agent will have easy access to it, such as a home safe or a bank’s safety deposit box.

Making multiple copies of the POA document is also smart. They can be kept in different safe locations, including with a lawyer. Your parent should also have a copy.

It’s smart to plan ahead and ask your parent to put a durable POA for financial and healthcare matters into place before they’re needed. This will save you, your parent, and the whole family from big problems if a major health emergency happens.

For checklists, worksheets, and tools to help you keep a single record of your loved one’s most critical information in one designated place so you are prepared in an emergency, download our Getting Your Affairs in Order eBook.

 

Did You Enjoy The Article? Get More Like This.

Receive relevant information, touching resident stories and helpful tips directly to your email inbox. All you need to do is subscribe to our VIP newsletter "Family Ties". It's FREE and you can unsubscribe anytime.

eNewsletter graphic
  • Browse by Topics

  • Recent Posts

  • Have More Questions?

    Deciding to help a loved one transition to a senior living option is not an easy decision. We can help you get the clarity, answers, and support needed to lessen your worries and take the next steps.

    Click the button below to let us know how we can help you further.


  • NOTE: Your privacy is important to us. We’ll never share your details or spam your inbox.


    NOTE: Your privacy is important to us. We’ll never share your details or spam your inbox.


    NOTE: Your privacy is important to us. We’ll never share your details or spam your inbox.


    NOTE: Your privacy is important to us. We’ll never share your details or spam your inbox.


    NOTE: Your privacy is important to us. We’ll never share your details or spam your inbox.


    NOTE: Your privacy is important to us. We’ll never share your details or spam your inbox.


    NOTE: Your privacy is important to us. We’ll never share your details or spam your inbox.


    NOTE: Your privacy is important to us. We’ll never share your details or spam your inbox.


    NOTE: Your privacy is important to us. We’ll never share your details or spam your inbox.

    Instant Access to Our eBrochure

    Simply enter your details below to get access.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Our eBrochure

    Simply enter your details below to get access.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.


    Note: Your Privacy is very important to us and your details are kept confidential.
    You can easily unsubscribe at any time.

    Instant Access to the Program Overview Brochure

    Get more details about our signature Memory Care program to determine how well it will fit your loved one’s situation. Simply fill out the fields below to get access to the PDF.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    Have you decided that assisted living is the best option for your elderly parent, and now are feeling overwhelmed on how to begin your search for the right community?

    This guide will go over what you need to know before you make a decision.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    Are you considering assisted living for yourself or a loved one but are hesitant about the cost? Assisted living costs, services and amenities vary greatly among the last and most expensive communities, and costs are higher in some states than others.

    This guide will answer questions you may have about the costs of assisted living and recommend resources to help you pay for it.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    Talking to your aging parent about moving to an assisted living community isn’t easy.

    Often, many adult children avoid bringing it up because it can be a sensitive topic.

    This guide will provide you with helpful tips and insight on how to have a productive conversation with your parent and siblings regarding your parent’s future.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    Difficult behaviors in elderly adults are very common. They may be an expression of frustration your loved one feels or a symptom of early stages of dementia or Alzheimer’s.

    This guide will provide you with skills and knowledge on how to handle difficult behaviors your aging parent may be experiencing.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    Becoming a family caregiver can be a rewarding experience. It also has its challenges.

    There are many questions to answer before making the decision to take care of a loved one.

    This guide will provide answers to questions you may have on this topic.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    Is your parent or loved one depressed, or just in a bad mood?

    What does medication and illness have to do with depression?

    How can you help? In this guide, you will be provided with answers to the difficult questions you may have about depression.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    Has your aging parent recently lost interest in activities they used to enjoy? Have you noticed a change in their mood and behavior?

    This guide will provide you with resources and tools on how to identify depression, what are the common causes of depression, and how to promote mental health in your aging loved one.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    Does your loved one need more support than what they are getting? Would they benefit from some assistance with daily activities?

    In this guide, you’ll find answers to the most common questions asked about assisted living.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    Where do you start searching for assisted living or memory care communities?

    What qualities in a community should you look for? How do you know you made the right decision?


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    Has your dad stopped getting together for lunches or outings with friends or visits with neighbors? Have you stopped enjoying time with your parents because you’re a caregiver?

    Choosing an assisted living community is a big decision. Learn how to find the right one for you and your loved one.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    No one ever plans to be sick or disabled, and disasters, man-made or natural, can happen at any time, anywhere.

    Yet older adults are among the most vulnerable during a crisis. That’s why it’s critical that seniors, and those who care for them, prepare for emergencies.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    Moving to assisted living is a life-changing event.

    This guide provides tips and ideas on downsizing, what to pack and how to make the transition smooth for your senior parent.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    In this eBook, you’ll learn how to talk with family and friends about caregiving challenges, how to deal with a parent who is resistant to help, how to get more caregiving help from your siblings, and how to keep your job while caregiving.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    Have you had to cut back your hours at work to care for your mom? Are you worried about administering medications or injections?

    Have you stopped getting together with friends, either because you don’t have the time or you’re too exhausted? Are you becoming the invisible second patient?


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    A Guide to the Most Common Family Caregiver Challenges Associated with Caring for an Aging Parent.

    You’ll learn about the true costs of being a family caregiver, common family conflicts that can occur when caring for parents, and some of the unexpected challenges of caregiving.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    In this guide, you’ll learn about the difference between Alzheimer’s and dementia, including the early symptoms of dementia; the seven stages of dementia and the symptoms that typically accompany each one; and the signs it’s time to start exploring your memory care options.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    In this guide, you’ll learn about the difference between assisted living and memory care, how health care professionals are trained in dementia care, common features of a memory care community, and questions you should ask when exploring your memory care options.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    Navigating adult sibling relationships can be a challenge, but coming together for the sake of your parent is important.

    In this guide, you’ll learn about common sibling conflicts that arise when caring for parents, strategies for getting siblings on board, and where to turn to for help.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    Assisted living can be a touchy subject. No matter how you approach it, your parent is likely to have objections to something.

    As you help them transition to a new stage of life, it helps to be prepared with answers to their questions and concerns.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    This checklist will help to make sure you are getting the most out of your visit to The Arbors.

    The list details what important questions to ask during your visit so you are able to make an enlightened choice and find the best assisted living community for your needs.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide


    If you’re unsure what Assisted Living looks like in real life, whether there is a difference with nursing homes or a desire to see how community life unfolds, then this guide is exactly what you need.

    A guide to discover the Care Team and a Typical Day in Assisted Living.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    The Arbors Assisted Living-Guide-How to Choose the Right Assisted Living Community: What You Need to Know Before You Begin Your Search
    Have you decided that assisted living is the best option for your elderly parent, and now are feeling overwhelmed on how to begin your search for the right community?

    This guide will go over what you need to know before you make a decision.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    The Arbors Assisted Living-Guide-Assisted Living Costs and Affordability
    Are you considering assisted living for yourself or a loved one but are hesitant about the cost? Assisted living costs, services and amenities vary greatly among the last and most expensive communities, and costs are higher in some states than others.

    This guide will answer questions you may have about the costs of assisted living and recommend resources to help you pay for it.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    The Arbors Assisted Living-Guide-Having “The Talk” With Your Parent: It’s Time for Assisted Living
    Talking to your aging parent about moving to an assisted living community isn’t easy.

    Often, many adult children avoid bringing it up because it can be a sensitive topic.

    This guide will provide you with helpful tips and insight on how to have a productive conversation with your parent and siblings regarding your parent’s future.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    The Arbors Assisted Living-Guide-The Challenges of Aging: How to Handle Your Aging Parent’s Difficult Behaviors
    Difficult behaviors in elderly adults are very common. They may be an expression of frustration your loved one feels or a symptom of early stages of dementia or Alzheimer’s.

    This guide will provide you with skills and knowledge on how to handle difficult behaviors your aging parent may be experiencing.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    The Arbors Assisted Living-Guide-Becoming a Family Caregiver: What You Need to Know Before Deciding to Take Care of a Loved One
    Becoming a family caregiver can be a rewarding experience. It also has its challenges.

    There are many questions to answer before making the decision to take care of a loved one.

    This guide will provide answers to questions you may have on this topic.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    The Arbors Assisted Living-Guide-Helping Your Parent Manage Depression
    Is your parent or loved one depressed, or just in a bad mood?

    What does medication and illness have to do with depression?

    How can you help? In this guide, you will be provided with answers to the difficult questions you may have about depression.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    The Arbors Assisted Living-Guide-Is It Depression? A Guide to Identifying and Addressing Depression in Aging Adults
    Has your aging parent recently lost interest in activities they used to enjoy? Have you noticed a change in their mood and behavior?

    This guide will provide you with resources and tools on how to identify depression, what are the common causes of depression, and how to promote mental health in your aging loved one.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    The Arbors Assisted Living-Guide-Assisted Living Frequently Asked Questions and Answers
    Does your loved one need more support than what they are getting? Would they benefit from some assistance with daily activities?

    In this guide, you’ll find answers to the most common questions asked about assisted living.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    The Arbors Assisted Living-Guide-Why We Chose the Arbors Assisted Living and Memory Care: A Collection of Stories from Residents Living at The Arbors
    Where do you start searching for assisted living or memory care communities?

    What qualities in a community should you look for? How do you know you made the right decision?


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    The Arbors Assisted Living-Guide-7 Warning Signs It’s Time to Make the Move to Assisted Living
    Has your dad stopped getting together for lunches or outings with friends or visits with neighbors? Have you stopped enjoying time with your parents because you’re a caregiver?

    Choosing an assisted living community is a big decision. Learn how to find the right one for you and your loved one.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    Guide-Getting Your Affairs in Order
    No one ever plans to be sick or disabled, and disasters, man-made or natural, can happen at any time, anywhere.

    Yet older adults are among the most vulnerable during a crisis. That’s why it’s critical that seniors, and those who care for them, prepare for emergencies.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    Guide-Guide to Making the Move to Assisted Living
    Moving to assisted living is a life-changing event.

    This guide provides tips and ideas on downsizing, what to pack and how to make the transition smooth for your senior parent.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    Guide-Solutions to Common Caregiving Challenges
    In this eBook, you’ll learn how to talk with family and friends about caregiving challenges, how to deal with a parent who is resistant to help, how to get more caregiving help from your siblings, and how to keep your job while caregiving.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    How Moving My Loved One to The Arbors Eliminated My Caregiving Challenges
    Have you had to cut back your hours at work to care for your mom? Are you worried about administering medications or injections?

    Have you stopped getting together with friends, either because you don’t have the time or you’re too exhausted? Are you becoming the invisible second patient?


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    Guide-When is the Right Time for Memory Care?
    In this guide, you’ll learn about the difference between Alzheimer’s and dementia, including the early symptoms of dementia; the seven stages of dementia and the symptoms that typically accompany each one; and the signs it’s time to start exploring your memory care options.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    Guide-What to Look for in a Memory Care Community
    In this guide, you’ll learn about the difference between assisted living and memory care, how healthcare professionals are trained in dementia care, common features of a memory care community, and questions you should ask when exploring your memory care options.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    Guide-Brothers and Sisters
    Navigating adult sibling relationships can be a challenge, but coming together for the sake of your parent is important.

    In this guide, you’ll learn about common sibling conflicts that arise when caring for parents, strategies for getting siblings on board, and where to turn to for help.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    Guide-The Standoff
    Assisted living can be a touchy subject. No matter how you approach it, your parent is likely to have objections to something.

    As you help them transition to a new stage of life, it helps to be prepared with answers to their questions and concerns.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    Guide-11 Most Common Caregiving Challenges
    A Guide to the Most Common Family Caregiver Challenges Associated with Caring for an Aging Parent.

    You’ll learn about the true costs of being a family caregiver, common family conflicts that can occur when caring for parents, and some of the unexpected challenges of caregiving.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    Guide-Checklist_ Questions to Ask When Touring an Assisted Living Community
    This checklist will help to make sure you are getting the most out of your visit to The Arbors.

    The list details what important questions to ask during your visit so you are able to make an enlightened choice and find the best assisted living community for your needs.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Guide

    Guide-What is Assisted Living Really Like
    If you’re unsure what Assisted Living looks like in real life, whether there is a difference with nursing homes or a desire to see how community life unfolds, then this guide is exactly what you need.

    A guide to discover the Care Team and a Typical Day in Assisted Living.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.

    Instant Access to Free Cost Comparison guide

    You’re probably wondering how much the different senior living options compare to your current situation.
    If you do, then this guide is exactly what you need.


    NOTE: Your privacy is important to us. We’ll never share your details nor spam your inbox.