How do I get power of attorney for an incapacitated parent? This is a question that many adult children face when their parents are no longer able to manage their own affairs due to illness, injury, or old age. Granting power of attorney to a trusted individual can help ensure that your parent’s financial and medical decisions are made in their best interest while they are unable to do so themselves. In this article, we will explore the steps and considerations involved in obtaining power of attorney for an incapacitated parent.
Understanding Power of Attorney
Firstly, it’s important to understand what power of attorney (POA) entails. Power of attorney is a legal document that grants someone (the agent or attorney-in-fact) the authority to make decisions on behalf of another person (the principal). There are two types of power of attorney: durable power of attorney and springing power of attorney.
A durable power of attorney remains effective even if the principal becomes incapacitated, while a springing power of attorney becomes effective only when the principal becomes incapacitated. For an incapacitated parent, a durable power of attorney is typically the most appropriate choice.
Steps to Obtain Power of Attorney for an Incapacitated Parent
1. Consult with an attorney: Before proceeding, it’s advisable to consult with an attorney who specializes in estate planning and elder law. They can provide guidance on the specific requirements and legal implications of obtaining power of attorney for an incapacitated parent.
2. Determine the type of power of attorney: As mentioned earlier, a durable power of attorney is the most suitable choice for an incapacitated parent. Discuss with your attorney the scope of authority you wish to grant to the agent, including financial, medical, and personal care decisions.
3. Obtain a medical evaluation: To prove that your parent is incapacitated, you may need to obtain a medical evaluation from a healthcare professional. This evaluation should confirm that your parent is unable to make decisions for themselves due to cognitive impairment, physical disability, or other factors.
4. Draft the power of attorney document: With the assistance of your attorney, draft the power of attorney document. Ensure that it includes all necessary information, such as the names of the principal and agent, the scope of authority, and the duration of the power of attorney.
5. Notarize the document: Depending on your jurisdiction, you may need to notarize the power of attorney document. This ensures that the document is legally binding and authenticates the signatures of the principal and agent.
6. Sign the document: Your parent must sign the power of attorney document in the presence of a notary public or other authorized individual. If your parent is unable to sign, you may need to seek guidance from an attorney or court.
7. File the document: File the power of attorney document with the appropriate government office, such as the county clerk or probate court. This step varies by jurisdiction, so consult with your attorney for the correct procedure.
8. Notify relevant parties: Inform banks, insurance companies, and other institutions of the power of attorney document. Provide them with a copy of the document and update your parent’s contact information as necessary.
Considerations and Tips
– Choose a trusted individual: Select someone who is trustworthy, responsible, and has your parent’s best interests at heart. This person should be willing to take on the responsibilities of making decisions on behalf of your parent.
– Communicate with your parent: Keep your parent informed about the process and the reasons for obtaining power of attorney. This can help ensure that your parent feels comfortable with the decision.
– Review the power of attorney periodically: As your parent’s situation changes, review the power of attorney document to ensure that it remains appropriate and up-to-date.
By following these steps and considerations, you can successfully obtain power of attorney for an incapacitated parent. This legal document can provide peace of mind, knowing that your parent’s affairs are in capable hands while they are unable to manage them themselves.
