How to Get Power of Attorney for Aging Parents

Guiding with Grace Through the Golden Years

A power of attorney (POA) refers to an individual that is able to make financial, legal, or medical-related decisions on behalf of another individual. The title of “power of attorney” is typically bequeathed upon a beneficiary by an older adult or someone who is not physically or mentally capable of making decisions on their own.

A power of attorney must be selected by the individual in need, while they are of sound mind. This is important to note, as a judge may invalidate a power of attorney if undue influence is suspected in the case. As stated by the Florida Bar, two witnesses must be present when signing a power of attorney agreement, and the document must be notarized before it can be deemed valid under the laws of the state.

For expert assistance regarding how to get power of attorney for aging parents, schedule a consultation with Dorcey Law Firm today at (239) 309-2870. We’re here to help you guide your parents through their golden years with grace.

What Type of Power of Attorney Does My Aging Parent Need?

The first step before claiming power of attorney over a parent is determining what type will be necessary for your aging loved one’s specific circumstances. There are several different types of power of attorney, including:

  • Limited Power of Attorney: this allows the POA to make decisions regarding basic necessities on an individual’s behalf (such as taking care of bills, filing taxes, etc.), based on the constricted parameters laid out in the written agreement.
  • Durable Power of Attorney: this allows the DPOA to make decisions regarding finances and basic life management on an individual’s behalf; however, they are not able to make life-altering medical decisions for the individual unless explicitly stated within the written agreement. If your parent needs medical and financial power of attorney, you should set up a financial-specific and a healthcare-specific DPOA.
  • General Power of Attorney: this is the most comprehensive example of power of attorney. As a GPOA, you will be able to make almost any decision on behalf of the individual in question. If you are acting as a main caregiver or guardian for your aging parent throughout the end of their life, a GPOA is recommended.
  • Springing Power of Attorney: this is a POA that is selected in advance, under contingencies of certain circumstances. With a springing power of attorney, the POA will only become valid if the circumstances within the written agreement occur (for example, if the individual becomes incapacitated due to injury or disease).

Continued Care with Power of Attorney

The main reason we’d like to highlight regarding the importance of power of attorney is that it helps you care for your loved ones when they need you most. Once you know what type of power of attorney would be best for both the needs of your aging parent and yourself, you can begin the process of filing your POA documentation.

There are certain state-specific forms that will have to be signed by both you and your parent. For additional assistance, our elder law attorneys at Dorcey Law Firm can help you navigate the process of claiming power of attorney over your loved one. To make the first steps in creating a continued care plan for your aging parent, please don’t hesitate to contact us.

Expert Legal Assistance When You Need It

Being assigned as a power of attorney can be an emotional experience for all parties involved. If you have been wondering how to get power of attorney for aging parents, Dorcey Law Firm is a Fort Myers-based team here to help. Contact us at (239) 309-2870 and take the first steps in making sure your loved ones are taken care of – throughout all seasons of life.