Guide to Getting Power of Attorney for Elderly Parents

As time progresses, many adults begin to wonder whether they need a power of attorney for their elderly parents. This comprehensive guide covers everything you need to know.

What Is Power of Attorney for Elderly Parents?

 

Although you would love for your mom and dad to remain healthy and mentally capable throughout their lives, there may be a time when you need to secure a power of attorney (POA) for your elderly parents. 

This fundamental document can be a vital element of your elderly parent’s estate plan. It allows an agent to manage their affairs and act on their behalf. However, the POA only allows them to act within the parameters of the document. As long as the person has the capacity to do so, someone signing a POA can continue to act on their own behalf.

Since POAs are governed by state law, you should talk to a Florida attorney experienced with the state laws. If you need assistance getting power of attorney for your aging parents, reach out to an experienced law firm like Lehn Law, P.A. for a personalized consultation.

 

Why Get a Legal Power of Attorney?

Although some people handle designating a legal power of attorney when consulting with their elder law attorney, many feel this conversation is difficult and one they would prefer not to have. By discussing the topic of a POA for your parents, you will encourage them to consider their future needs and wishes while they are mentally sound.

Having this in place allows a smooth transition if another person must take action on their behalf, as documented while they were capable of doing so. It ensures that medical decisions are made, and the bills get paid when your parents are unable to do so or merely need help with these chores.

How to Get Power of Attorney for Elderly Parents

 

Since you may be concerned about their wellbeing, you probably want to know how to get power of attorney for elderly parents. Florida laws are in place to ensure older adults receive proper medical care and financial advice. Additionally, they also impose restrictions. The authority of an agent is limited to the powers outlined in the document. You can find advice regarding an agent’s legal responsibilities from the Consumer Financial Protection Bureau.

It is important to remember that, in most cases, the elderly parent is still in charge of the POA. If the agent seems to be placing undue influence on the principal, they may have those powers revoked, as the document could be considered invalid. This may result in legal battles, including the lawyer’s fees and other court expenses.

 

Steps to Get Power of Attorney for Elderly Parents

To help you better care for an aging parent’s financial matters and health care, you would follow these steps to get a power of attorney for your elderly parents.

Compare the types of power attorney, and learn about the topic so you can clearly explain it.

Talk to your parents to determine their financial and health care wishes and confirm consent. 

  • Talk to an experienced elder law attorney for legal advice.
  • Create the document with all the necessary details. 
  • Sign and notarize the document according to your state requirements.
  • Distribute the POA to the necessary individuals.

Power of attorney templates are available online, but they don’t offer the flexibility to cover all the specific clauses required to adequately express your parents’ needs and wishes. As such, they may not be legally binding if challenged.

When to Get Power of Attorney for Elderly Parents

 

Although the decision is ultimately yours, consulting a legal authority can help you determine when to get power of attorney for your elderly parents.

Often, responsible adults make arrangements during the estate planning process for the potential time when they require help. Unfortunately, some people see no future in which it might be necessary for someone else to oversee their financial decisions and medical decisions.

 

Where to Get Power of Attorney for Elderly Parents

 

Fortunately, once you decide to take this necessary step, figuring out where to get power of attorney for your elderly parents is easy. 

A local law office may provide you with the necessary power of attorney forms and assist you with the filing process. By consulting a legal professional, you can ensure that the document includes the necessary aspects.

Different Types Power of Attorney for Elderly Parents

 

An experienced law firm can advise you on the different types of power of attorney for elderly parents. The various types of POA allow the designated agent to manage different aspects of the principal’s affairs, such as:

  • Durable power of attorney: financial and health care decisions upon incapacitation
  • Financial power of attorney: financial decisions
  • General power of attorney: a broad range of affairs for a specified time
  • Limited power of attorney: decisions about specified tasks
  • Medical power of attorney: becoming the health care proxy
  • Springing power of attorney: financial and health care decisions after a doctor determines the principal is mentally incompetent.

A law office that practices elder law may help you determine what type is right for your family and provide you with the required attorney documents.

Requirements to Get Power of Attorney for Elderly Parents

 

What are the requirements to get power of attorney for elderly parents? Unless they are mentally incapacitated, the parent must agree with what is outlined in the document. Plus, the agent must be dedicated to acting in your parent’s interest and have adequate skills to deal with financial planning, taxes, etc. They can not do anything in conflict with your wishes or benefit themselves financially.

Since the agent is legally bound by the POA and is required to act in the principal’s best interest, it is preferred if the parent can plan for the possibility while they are still capable. 

 

What You Need to Get Power of Attorney for Elderly Parents

A reputable law firm can explain what you need to get a power of attorney for elderly parents. Those with cognitive impairment or significant health concerns have delicate issues that the average person may not consider. An advocate from an experienced law office can bring these to your attention as you plan for their ongoing care.

Do I Need Money to Get Power of Attorney for My Elderly Parents?

 

You may wonder, “Do I need money to get power of attorney for my elderly parents?” You can complete a durable power online for little to no charge, as some legal websites sell low-cost POA templates. 

However, it is typically not advisable to use this DIY approach. Any mistake can result in significant complications when the POA comes into play. By investing in the services of an attorney up front, you will save yourself time, money, and stress in the long run.

You should also expect to pay for the notarization of your documents. In Florida, a power of attorney document must be notarized, costing $2 to $10 per signature. Notarization ensures that banks, insurance companies, etc. accept the POA as valid. An attorney with multiple practice areas involving elder law can further elaborate.

 

How Much Should I Give to Get Power of Attorney for Elderly Parents?

With so much information to digest, you may be asking yourself, “How much should I give to get a power of attorney for my elderly parents?” Generally, other than the fees for having it prepared, few expenses are required to maintain the POA for your parents. 

If you choose to take on the role yourself, you must keep in mind that you are acting as their agent. Depending on the type of POA and whether they are mentally competent, they have the right to revoke the document if you overstep their wishes.

As your parents age, it’s logical and responsible to prepare for health issues that require help. A POA allows a designated agent to step in when necessary. Contact the experienced lawyers in Sarasota at Lehn Law, P.A. for a friendly experience as you pursue power of attorney for your elderly parents.

Contact Us