A durable Power of Attorney is essential for caregivers
It’s hard to think about, but a day will come when your senior won’t be able to make decisions for themselves. That’s when you’ll have to step in to manage their finances or decide what kind of medical treatment they should have.
If that day comes, you’ll need a durable power of attorney (POA).
What is a Power of Attorney?
A power of attorney is a legal document that lets your senior choose someone who will have the power to act in their place. It would allow you to make decisions on your older adult’s behalf.
A durable POA is one that stays in effect if they become unable to handle matters or make decisions on their own. As your senior’s chosen representative, you could pay their bills, manage their investments, or direct their medical care.
Important: Do not use an ordinary or non-durable POA for your senior because that would automatically end if they became incapacitated. That’s the opposite of what you’d need.
Who needs a Power of Attorney?
Because life is unpredictable, it’s recommended that anybody over age 18 should have a power of attorney. Once you become a legal adult, nobody else is legally allowed to make decisions on your behalf or talk to doctors about your medical condition.
With older adults, it’s more likely that a health emergency could happen. That’s why POAs are strongly recommended for all seniors.
Financial and medical Powers of Attorney
To cover the important issues, your senior will probably need two separate POA documents. One for healthcare and another for financial matters.
The reason for keeping these separate is to simplify things for the people who need to use the POAs.
Besides, your senior’s health care POA will probably be full of personal details that they wouldn’t want the people at the bank to know. And their doctor doesn’t need to know all about their finances!
What happens if there’s no Power of Attorney?
If your senior doesn’t have any durable POAs and something happens to them, you may have to go to court to get the authority to handle their financial matters and make medical decisions on their behalf.
During a health emergency, there won’t be time to do this. Instead, a stranger could be making those decisions! And if there is time, you certainly wouldn’t want the added stress and cost of going to court.
Where to get a Power of Attorney
An experienced local attorney can make sure your senior’s POA has everything they need and that it covers all the “fine print” in your state’s laws.
Do-it-yourself POA options are inexpensive, but have limitations. They won’t be completely customized for your senior and may not cover everything they’d need. The risk is that, since you’re not a lawyer, you wouldn’t know if something is missing.
Do-it-yourself options online
- Nolo
- LegalZoom – financial and healthcare
- RocketLawyer
Bottom line
It’s smart to plan ahead and ask your senior to put a durable POA for financial and healthcare matters into place before they’re needed.
This will save you, your senior, and the whole family from big problems if a major health emergency happens.
Next Step Find out how an elder law attorney can help with a Power of Attorney
You might also like:
— How an Elder Law Attorney Can Help You
— What is a Living Will?
— POLST vs Living Will: What’s the Difference?
By DailyCaring Editorial Team
Image: ILC Travel Outfitters
Charles Yaple
My father died, so we had to move mom home. My brother is the power of attorney. Where she lived. My brother handed selling her house, and all of her financial issues. She stayed with him for a year. He Owns his own 4 bedroom house and has plenty of room for her. He dropped her off on me 7months ago I rent a one bedroom apt. She lives in my dining room. I work and she shouldn’t be alone. I don’t have power of attorney. My brother works from home. What are my options.?
DailyCaring
It sounds like you need to discuss the situation with your brother and perhaps seek legal counsel as well.
These articles might be helpful:
– 7 Sources of Free Legal Services for Seniors https://dailycaring.com/7-sources-of-free-legal-services-for-seniors/
– 5 Smart Tips for Hiring an Elder Law Attorney https://dailycaring.com/how-to-find-an-elder-law-attorney-you-can-trust/
– 5 Important Legal Documents for Caregivers https://dailycaring.com/5-important-legal-documents-for-caregivers/
Non-Negotiable Tools for Caregivers - Got Parents?
[…] The POA – Power of Attorney –(Legal representative to make all decisions regarding non-medical concerns) […]
Planning for the Future of Your Parents - Veranda Senior Living
[…] else from the family will have to step up and make a decision. This is why everyone should have a healthcare power of attorney who is entrusted to make these decisions if the patient is unable to do […]