As our parents age, roles shift, and once-independent individuals may require a helping hand or need to transition to a senior living community. Family members must consider the possibility that loved ones may not be as able to make financial and healthcare decisions as they once could.
One way to act on your parents’ behalf is to obtain power of attorney. Getting a power of attorney for older parents can include the following:
- Initiating open communication
- Learning about the types of power of attorney
- Consulting legal professionals
- Obtaining necessary documentation
- Discussing preferences and limitations
- Executing the power of attorney documents
- Safeguarding the documents
What Is Power of Attorney?
Power of attorney (POA) is a legal agreement that grants the designated person (the agent), usually a spouse, adult child, or close family member, the authority to make financial, legal, and healthcare decisions on behalf of another person (the principal). This authority can include making financial, legal, and healthcare decisions.
Getting Power of Attorney for Elderly Parents
Obtaining a POA for your parents involves several important steps.
Talk Openly & Honestly with Your Parents
Approaching the topic of power of attorney may be initially uncomfortable, but open communication is the key. Start by expressing genuine concern for your parents’ well-being and explaining how having a POA will streamline decision-making. Family members can help by emphasizing that a POA is a proactive measure to help honor their wishes.
The person granting it must be of sound mind, meaning they have the legal capacity to understand the document’s purpose and implications. Conditions like unconsciousness, dementia, Alzheimer’s, or severe intellectual disabilities could affect mental capacity.
Learn the Different Types of Power of Attorney
There are several types of power of attorney. Understanding the variations will help you determine the type of POA that best suits your parents’ needs:
- A medical POA grants the agent the authority to make healthcare decisions on the principal’s behalf during illness or incapacity.
- A financial POA empowers the agent to manage finances, ensuring bills are paid, investments are handled, and financial matters are handled.
- A general POA grants the agent a wide range of decision-making authority, including financial choices, healthcare decisions, and real estate or legal matters. It’s crucial to carefully consider the scope of a general POA.
- A limited POA grants authority for a single task, such as selling a property. Once the task is completed, the POA expires.
POAs can also be:
- Durable: This POA remains in effect even if your loved one becomes mentally incapacitated in the future.
- Non-durable: This POA is only valid for specific transactions or a limited timeframe and becomes void if the principal becomes incapacitated.
- Springing: This POA comes into effect only after a specific event, such as incapacitation.
Talk to Legal Professionals
Consulting with a qualified attorney specializing in elder law is crucial for ensuring the Power of Attorney document accurately reflects your loved one’s wishes and is legally sound. They can guide you through the necessary paperwork, ensuring all documents are correctly drafted and meet the legal requirements in your jurisdiction.
Look for a qualified attorney who specializes in elder law. They can provide invaluable guidance on POA in the context of senior care planning. Ask your friends, family members, or doctors for recommendations on qualified elder law attorneys.
Many state bar associations offer resources on elder law and finding legal professionals within their jurisdiction.
Collect the Necessary Documentation
Having everything organized will streamline the process. Here are some common documents that might be required (specific requirements may vary by state):
- Principal’s identification: This is typically a government-issued ID for the principal, such as a driver’s license or passport.
- Agent’s Identification: Similar identification for the person you’re appointing to make decisions on behalf of the agent.
- Proof of relationship: In some cases, documentation proving your relationship to the principal may be required, particularly if you’re not a spouse or child.
- Medical records: If you’re applying for a medical POA, your parents’ doctors might need to provide relevant medical information.
Having all the necessary documents readily available can expedite the POA application process. Make sure you understand what documentation is required in your specific situation and gather everything in advance to ensure a smooth experience.
Discuss Preferences & Limitations
POA is a powerful legal tool, but its effectiveness hinges on open and honest conversations with your parents. Discussing their preferences and limitations regarding future care is crucial. Understanding their desired medical treatment and financial goals allows you to choose the right type of POA and appoint the most suitable agent to fulfill their wishes.
It’s also important to acknowledge any physical limitations or potential cognitive decline. Transparency and open communication are key to building trust and respecting your loved one’s autonomy.
Execute the Power of Attorney Documents
With all the necessary documents gathered and your loved one’s wishes clearly outlined, it’s time to finalize the POA. This step involves signing the documents in the presence of witnesses and adhering to any specific requirements in Maine. Some states may also require notarization.
Your attorney will guide you through this process, ensuring everything is completed correctly and according to legal regulations. Finalizing the POA is crucial in ensuring your parents’ future well-being and peace of mind.
Safeguard the Documents
After obtaining a POA, it’s crucial to keep the documents safe and accessible. Ensure you or your designated agent can easily access the originals when needed. Consider having a trusted family member or friend know the location. When needed, provide copies to relevant parties, such as healthcare providers and financial institutions.
And keep a record of who receives copies for your reference.
Final Considerations
It’s vital to consult with a legal expert to determine the legal validity of your POA, especially across states and jurisdictions. It is also essential to update the POA to reflect your parents’ current wishes and determine if the designated agent is still the right person for the job.
Find Help with an Active Senior Living Community
Getting a POA for your parents is a big responsibility, but it’s a proactive step towards supporting their well-being. Knowing that you can act on your parents’ behalf and make decisions in their best interest can provide peace of mind for all of you.
If you’re interested in a senior living community for an elderly parent, contact our team at The Enclave of Scarborough. We can show you our community, provide information on lifestyle options, and answer any questions.
