How to Get Power of Attorney Over an Elderly Person

Senior citizens can use powers of attorney for a variety of reasons.

Preparing for end of life situations is not always an easy topic to tackle, but dealing with the issues involved beforehand can be a great comfort. Senior citizens face a range of issues, including questions like who will handle their affairs if they become ill or make decisions on their behalf if they can no longer express themselves. A power of attorney (POA) is a legal document seniors can use to address such concerns, and are allowed in every state.

Instructions

1. Talk to an attorney. Powers of attorney are very important documents, especially for an elderly person preparing for end of life situations. Always consult a qualified attorney to be sure the power of attorney laws in your state are met.

2. Ensure the senior is of sound mind. A power of attorney can only be granted by someone who is of sound mind. This means the senior granting the POA cannot have a medical condition or health problem that prevents him or her from knowingly consenting to the power of attorney. If such a condition exists, you cannot grant power of attorney.

3. Put it in writing. Powers of attorney can, in some states and in limited circumstances, be granted verbally, but all states allow for written conveyances of these powers. The specifics that must be included vary by state, but your POA document should at least name the person granting the power (known as the principal), the person receiving the power (known as the agent or attorney-in-fact) and the kinds of powers conveyed.

4. Sign the document. A power of attorney must be signed by the principal. Depending on the state in which you live and the kind of power conveyed, it may also need to be signed by the agent, witnesses or even notarized.

References

• Legal Counsel for the Elderly: Disability: Maintaining Control by Planning Ahead
• American Bar Association: Estate Planning FAQs