Power of Attorney for an Elderly Parent

Power of attorney (POA) refers to a legal document that allows a person (the agent) to act on behalf of another person (the principal) for legal, financial, or medical matters. If you need to know how to get power of attorney for elderly parents or other loved ones — or even for yourself — Caring's guide has the answers.

POA refers to an arrangement that allows a person or persons to act on behalf of another individual. Since there are several types of POA, their functions vary. A person who is granted POA is known as an "agent" or "attorney-in-fact." 

A POA is a legal document that can make for an ideal addition to a senior adult's financial or medical planning process. Explore POA types, when each is the best option, how to get a POA, and why you should consider these documents for your loved one in this guide.

There are several types of POA, with each resulting in different legal powers. The following section covers each option.

A durable power of attorney (DPOA) allows the agent to manage the principal's financial matters. They can pay bills, manage taxes, and work with the accountants or other professionals who handle the principal's assets. 

The agent might keep tabs on bank accounts and investments or deposit Social Security or other checks. A DPOA can go into effect as soon as it is signed, or it may start when the principal becomes incapacitated. In most cases, it remains in effect until the principal cancels it or dies.

A financial power of attorney is similar to a DPOA, with one exception — a durable POA continues even when the principal is incapacitated, while a financial POA does not. This varies by state, so make sure to check how financial POA documents operate in your area.

You can convert this type of document to a DPOA if needed. A financial POA allows an individual to manage the financial life of the principal when they are unable to, such as during extended travel abroad or amid surgery. The agent is legally obligated to act in a way that is consistent with the POA agreement, but within that agreement, they are free to make any decision in the best interests of the principal. 

While a financial power of attorney always refers to finances, ensure you understand what your state considers this to mean. In some states, a "financial" POA is automatically durable and the term “financial POA” is used interchangeably with durable POA. In other states or jurisdictions,  it may mean something similar to general POA (although it may refer to something more limited than a general POA) and it is not durable. Some people use it to mean any POA that controls financial and legal matters.

A general power of attorney is a flexible document that allows a trusted person to make decisions about general affairs, which may include legal, or financial matters. While they are typically not durable, general powers of attorney give the agent broad and flexible control over financial and legal matters.

A general POA agent, for example, could buy or sell a house, apply for Medicare benefits on behalf of the principal. In some cases, they can help the principal apply for assisted living or nursing home care. 

A general POA may end if the principal becomes incapacitated, depending on state laws. You may be able to change it to a durable power of attorney, however.

An agent with a medical power of attorney helps clients make medical decisions. The POA document should list preferences about medical issues such as surgical procedures, treatments, and end-of-life care.

These details can be vital if your loved one is incapacitated. Medical POA removes the pressure from family members to make difficult choices without the principal's input. This form of POA is sometimes known as a "healthcare proxy" or "healthcare agent." 

This type of POA comes into play when a doctor determines that the principal is unable to make their own decisions about their healthcare. As such, it should be created before that happens, and with their full involvement. 

A springing power of attorney becomes active only under specific, pre-defined circumstances outlined in the POA documentation. Springing POAs may contain medical powers, but generally provide for financial or legal powers that apply only if the principal becomes incapacitated. These are a good option for principals who wish to maintain control over their affairs, but want to be sure that someone can take over if the principal unexpectedly becomes ill, etc.

This type of POA "springs" into action when triggered by a specific event or condition. At that time, it can be used to make financial, estate planning, or medical decisions, depending on the principal's wishes when they signed it.

Power of attorney for elderly parents or other loved ones can be a powerful aid to help with financial and medical issues that may arise. Here are some examples of events that could become less cumbersome and easier to negotiate with a POA. 

• Financial Difficulties: A financial POA allows you to pay the bills and manage the finances for parents who are having difficulty handling their financial obligations.
• Chronic Illness: Parents with a chronic illness — terminal or non-terminal — can arrange a POA that allows their children to manage their affairs while they focus on their health. For example, individuals can establish a limited power of attorney to take effect when a person begins chemotherapy and then become revoked once the cancer is in remission.
• Memory Impairment: Children can manage the affairs of parents who are diagnosed with Alzheimer's disease or a similar type of dementia. In this scenario, the POA must continue once the parent becomes incapacitated, and they have to have signed the paperwork before significant memory impairment occurs.
• Upcoming Surgery: With a medical POA, you can make medical decisions for the principal while they're under anesthesia or recovering from surgery. A financial POA ensures the management of their financial affairs while in recovery.
• Regular Travel: Older adults who travel regularly or spend winters in warmer climates can use limited financial POA documents to ensure financial obligations in their home state remain managed while they are away.

A POA is useful for older adults and their families for many reasons but can still result in negative consequences. Two common issues to keep in mind include:

• Elderly Exploitation: A POA gives someone control over your parent's affairs, which can leave them open to abuse or financial exploitation. If an agent acts in bad faith, it can be impossible to undo their actions. While your parents can revoke a POA at any time (as long as they are not incapacitated), you should always appoint someone your parents trust as their agent.
• Family Disagreements: Appointing a power of attorney can cause problems within families. Disagreements may arise over who to appoint as the agent and discrepancies between the agent's decisions and the POA document. To help avoid these problems, parents should talk to family members about their wishes and why they chose their power of attorney.

Every individual has different matters to explore when looking at how to get power of attorney for an elderly parent. Although there are generally more benefits than drawbacks to creating this type of legal document, it is a significant choice that has the power to guide decisions in the future for you or your loved one. Consider the following issues before committing to POA documents:

• The person chosen to be the agent should be trustworthy, at least 18 years old, and of sound mind.
• Some states do not allow the agent for a medical POA to be the principal's doctor or another health care provider.
• More than one person can serve as the agent. 
• The agent should be someone you can trust implicitly to carry out your loved one's wishes and make decisions that are to their benefit, and not to the agent's own.
• It can be helpful to have a POA who lives nearby or can easily access the principal.
• Make sure the agent is assertive enough to make tough decisions, even if they go against the wishes of family members. Their only loyalty should be to the principal's wishes, as stated in the POA documents.
• Appointing a POA who is not a close friend or family member may help avoid conflict and promote objectivity if a neutral party is required due to existing family turmoil, or if there are large financial assets at play. Otherwise, it’s fairly common for an adult child or close relative to be the POA.
• Naming a successor agent or co-agents can be beneficial when the primary agent is unable to serve because they have themselves died or become incapacitated.
• The POA gives someone power to control the principal's affairs, creating the potential for elder abuse. This form of exploitation may include financial abuse, medical abuse, or abuse of other kinds. 
• An elder care attorney can help craft a legally valid and clear-cut POA. 

When looking at how to get a power of attorney over a parent or loved one, an elder law attorney can be a vital asset. There are many ways Elder law lawyers can help you when planning the future for your parent or loved one. Preparing a power of attorney is just one asset they offer. 

When you're ready to set up POA documents, follow these steps:

• Talk to Your Parents: Discuss what they need in a POA and their wishes for their finances and health care. Ensure your parents fully understand the agreement and what it means for their lives. You must also confirm their consent and make sure they agree with the terms.
• Talk to a Lawyer: Everyone who gets a POA has different needs, and laws differ in each state. Pursue legal advice to ensure that your parents' wishes are taken into consideration and the document is legal.
• Create the Necessary Documentation: Write down all the clauses you need that detail how the agent can act on the principal's behalf. Your lawyer can turn this into a valid POA document. Though you can find POA templates on the internet, they are generic forms that may not stand up to legal scrutiny and probably will not have all the clauses you require.
• Execute the Agreement: Sign and notarize the document. Requirements for notarization and witnesses differ among states, but it's always a good idea to notarize the document to ensure its validity throughout the country.

After you understand how to get POA for a parent, you may wonder how it ends. With some POAs, the document ends when the principal becomes incapacitated. Other types, such as a springing POA, may only begin at that point. 

Here are some of the events that may change whether a POA's active status:

• The principal passes away
• The POA is not durable, and the principal becomes incapacitated
• The agent passes away, becomes incapacitated, or resigns
• The principal revokes the POA
• The POA sets an expiration date, and that date has passed
• The POA's pre-determined purpose is complete (for example, signing documents for a specific transaction)

Regardless of your or your loved one's situation, power of attorney can provide robust legal protection that ensures their wishes are adhered to, even if they are unable to express them. 
POAs serve many purposes, but in general, they provide the legal framework for a person who advocates for your loved one's wishes for financial, legal, or medical purposes. It can be especially useful for those with dementia, such as senior adults living in memory care facilities, if they are set up before the dementia becomes serious.

• Can a power of attorney have more than one agent? (2022). NOLO.com
• Davani, Reza. (2025). Power of attorney for nursing home admission. NursingHomeTruth.com
• Durable power of attorney. (2025). Texas State Law Library
• Frequently asked questions about general powers of attorney. (2025). lawhelp.org
• Hayes, Adam. (2025). Financial power of attorney: definition, required forms, and example. Investopedia
• How do I protect my elderly parents' bank accounts? (2025). Visiting Angels
• Immediate versus "springing" power of attorney. (2021). Stouffer Legal Estate Planning and Elder Law
• Misusing someone's POA, is that fraud or elder abuse? (2025). HG.org
• What is a medical power of attorney? (2025). FreeWill
• 5 tips for choosing the best power of attorney. (2025). Bingaman Hess Attorneys at Law