![]() But specific power of attorney responsibilities depend on the particular agreement. The duty of a power of attorney agent is to always act in the best interests of the principal. (Frequently, for instance, one agent will handle financial matters, whereas another will handle healthcare issues.) Or your parent may decide to name an alternative agent who only gets power of attorney in the event that you become unable or unwilling to carry out your POA responsibilities. However, there can be more than one person with power of attorney because your parent may decide that various responsibilities should be divided up among two or more people. ![]() So your parent (the principal) can grant you (the agent) certain powers of attorney. The agent is the person appointed to act on behalf of the principal. (So if your parent lacks the capacity to grant you power of attorney, you'll need to consider the alternative, more complex legal option: adult guardianship.)Ī POA document is generally a written agreement between two people: (1) the principal (sometimes called the grantor) and (2) the agent (sometimes called the attorney-in-fact). ![]() He or she must be able to sufficiently comprehend what a POA document represents, understand the effects of signing it, and clearly communicate his or her intentions. You get power of attorney by having someone willingly and knowingly grant it to you in a signed legal document. Depending on the particular legal document, power of attorney gives you the power to act on someone's behalf for a specified amount of time with regard to financial management, health-related decision making, or both.īut here's the most important thing to understand: You cannot get power of attorney if someone is incapacited. POA laws vary from state to state, but they generally share some basic commonalities. Understand What the Law Allows (and Doesn't Allow).Here are 12 essential steps for getting the authority to handle your parent's financial and/or healthcare affairs: So if you think your parent may need someone trustworthy to act on his or her behalf, this is the article you should read. Things can also become more complicated if you're trying to get power of attorney for a sick parent who is already suffering from dementia or another terminal illness or incurable condition that affects his or her ability to communicate or make reasoned decisions. However, the process is rarely as simple as it seems, especially when it comes to ensuring that your power of attorney will be recognized by third parties. In fact, the best time to start considering power of attorney is before a parent requires any caregiving.īroadly speaking, you get power of attorney for a parent by having him or her name you as the agent in a POA document that he or she has signed while sound of mind. You simply never know when an injury or illness may take away your mom or dad's capacity to manage finances or make important decisions about medical care. But even if your parent is in good health right now, it's wise to plan ahead for potential challenges. That's why you're smart to find out how to get power of attorney (POA) for a parent who is sick, disabled, or experiencing mental decline. ![]() How to Get Power of Attorney for a Parent (Without Overstepping)Īs we age, some of us eventually lose the ability to handle our own affairs.
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