How do I obtain both health care and financial power of attorney on behalf of an elderly parent?

Answer 1

I’m one of the writers for Gilbert Guide (the foremost resource for everything senior care) and I recently wrote a two-part series addressing some frequently asked questions about durable power of attorney.

To clarify, the phrase “power of attorney” refers to the actual document you sign. In signing it, you become the agent. As some of the others who’ve answered your question indicated, the person needs to be mentally competent for this process to occur—meaning the person needs to be well aware that they are instilling a lot of trust in another person to act on their behalf.

Here is an excerpt from the first part of my blog series that addresses your question. Please note that it is written to advise the principal—or the person whose seeking an agent.

4. How do I execute a durable POA?
A notary public or attorney must witness your signing the letter of attorney, and, in some states, you need two witnesses. You must be over 18 and fully competent, meaning you understand the implications of your decision. When filling out the form, you’ll specify exactly which powers you are transferring to the agent. If the durable power of attorney specifies responsibilities regarding real estate, the letter of attorney should be recorded with the Registry of Deeds, which you’ll find in the county courthouse where your property is located. Give the original copy to the agent if you’d like it to take immediate effect, and keep a copy for your own records. Alternatively, hold onto the original until you’d like it to take effect.


This link will bring you to the elder law section of our blog. Scroll down to the bottom to read the series on power of attorney.
http://www.gilbertguide.com/blog/tags/elder-law/

If you have any further questions or there is any way I can be of help, feel free to email me at [e-mail].

Lori
www.GilbertGuide.com

Answer 2

If the elderly parent is mentally competent, s/he can sign a health care proxy, also known as a living will, concerning health care.

If the person is competent, s/he can also execute a durable power of attorney, with whatever limits s/he wants in it.

If the person is not mentally competent, you will need to petition for guardianship ("guardianship of the person and the estate" in some states), usually accompanied by a physician's certificate stating that the person is not able to manage his/her own affairs. This is best done with an attorney.

Answer 3

If your parent is still of sound mind and can attest that it is his or her wish that you and/or your siblings take over with regard to financial and healthcare matters, you should visit an attorney and ask for a Durable Family Power of Attorney and Designation of Healthcare Surrogate. A Durable Power of Attorney allows you and/or your siblings to act on behalf of your parent in all financial matters and transact all matter of business for that parent. The Healthcare Surrogate allows you and/or your siblings to make decisions on behalf of your elderly parent in matters of health.

At the same time, you could ask the attorney to draw up a Living Will and a Revocable Trust, which will allow you to bypass most of the probate process when your parent dies.

If you are designated Trustee of your parent's Trust, it is advisable to have any siblings agree in writing. The Durable Power of Attorney is very powerful legal instrument as you will be able to transact all matter of business on behalf of your parent; however, with that power comes fiduciary responsibility to both your parent and any siblings.

Answer 4

First, they must be mentally competent. If so, talk it over with the elderly person and emphasize that someone is needed to make decisions regarding their finances and health care if they are ever unable to do so. If they are receptive, arrange for a lawyer to come by their home and explain the concepts. Then he should be hired to write the documents.

Answer 5

You can find all the free power of attorney forms and legal information on the site listed below. Hope it helps!

Answer 6

If your parent is going to a nursing home a social worker there can help you. You can probably find information on the web as well. Also, I would just caution you to not sign any paperwork that would name you as the financial guarantor. I just went through all of this and it takes a while.

Good luck to you.

Answer 7

POA is easy; any atty can do it. Might check to see if you can adopt the SR. It can be done for health and maintenance reasons in some states. Otherwise you could get a court action to appoint you guardian.

Answer 8

Revocable Trust,

Answer 9

If you contact an attorney, they can help you proove they are no longer capable to care for themself. It's an honorable thing your doing and I commend you for it. God bless and I hope the best for you both.