How to Get Power of Attorney of Elderly Parent
As our parents age, it becomes increasingly important to ensure that their financial and healthcare decisions are made with their best interests in mind. One effective way to ensure this is by obtaining power of attorney (POA) for your elderly parent. Power of attorney gives you the legal authority to make decisions on behalf of your parent when they are unable to do so themselves. This article will guide you through the process of how to get power of attorney of your elderly parent.
1. Understand the Different Types of Power of Attorney
Before you begin the process, it is crucial to understand the different types of power of attorney available. There are primarily two types: durable power of attorney and general power of attorney. A durable power of attorney remains effective even if your parent becomes incapacitated, while a general power of attorney is only valid while your parent is mentally competent. Depending on your parent’s needs, you may choose to obtain either type or both.
2. Consult with an Attorney
It is advisable to consult with an attorney to ensure that you understand the legal implications of obtaining power of attorney. An attorney can help you draft the necessary documents and guide you through the process. They can also help you determine the best type of power of attorney for your parent’s situation.
3. Obtain Consent from Your Parent
In order to obtain power of attorney, you must have the consent of your parent. This means that they must be mentally competent and able to make informed decisions. If your parent is unable to consent due to incapacity, you may need to seek legal assistance to have a guardian or conservator appointed.
4. Draft the Power of Attorney Document
With the consent of your parent and guidance from an attorney, you can begin drafting the power of attorney document. This document should clearly outline the scope of your authority and the specific decisions you are authorized to make on behalf of your parent. Be sure to include all necessary information, such as your parent’s full name, address, and the date of the document.
5. Notarize the Document
Many jurisdictions require that the power of attorney document be notarized. This ensures that the document is legally binding and authenticates the signatures of both you and your parent. Consult with your attorney or local authorities to determine if notarization is necessary in your case.
6. File the Document with the Appropriate Authorities
Once the power of attorney document is complete and notarized, you must file it with the appropriate authorities. This may involve submitting the document to the probate court, the Secretary of State, or other relevant agencies, depending on your jurisdiction. An attorney can help you navigate this process and ensure that the document is properly filed.
7. Keep the Document Secure
After obtaining power of attorney, it is essential to keep the document secure and accessible only to those who need to know. Make sure that you and your parent have copies of the document, and consider storing it in a safe or secure online storage service.
By following these steps, you can successfully obtain power of attorney for your elderly parent. This will help ensure that their financial and healthcare needs are met even when they are unable to make decisions on their own.
