Creating a Power of Attorney for a parent isn’t typically complex, but it can be more challenging when the parent is ill.
When a parent gets sick, it can be emotionally and financially tough.
To get power of attorney for a sick parent can be complex, depending on the situation.
Knowing their wishes, especially if their condition is terminal or may hinder communication, is vital.
They may want to grant you or someone else the authority to make decisions on their behalf.
What type of Power of Attorney can help my parent?
When caring for an ailing parent, consider multiple types of Power of Attorney (POA).
A Durable POA grants financial authority, enabling management of bank accounts.
It allows you to make financial decisions when they can’t.
A Medical POA provides the right to make healthcare choices, including care type, with limits based on their instructions in the document or Living Will/Advance Directive.
How do I get a Power of Attorney for my sick parent?
To obtain Power of Attorney for a sick parent, you should be named in a specific document, Living Will, or Advance Directive as their medical decision maker.
These documents usually require notarization or witnesses and should be executed while your parent is mentally capable.
For financial decisions, they must be of sound mind and sign a Durable Power of Attorney, understanding its implications.
To make medical decisions, a Medical Power of Attorney or designation in their Living Will or Advance Directive is needed.
If your parent is already incapacitated, they might have granted you this authority in a Living Will, so check for the document. Reach out to their estate planning lawyer, siblings, or close relatives if you can’t locate these important documents.
What can be done for a parent who cannot legally sign a Power of Attorney document?
If your parent can’t decide and hasn’t granted you Power of Attorney, you may need a court order called a conservatorship or guardianship to make decisions on their behalf.
The process varies by state and can be expedited in urgent situations.
Conservatorship covers medical and financial decisions. Consulting a lawyer or contacting your county’s probate court clerk can be helpful to initiate conservatorship proceedings.
When should I get help?
If your parent lacks a Living Will or Power of Attorney and is incapacitated, consult a lawyer promptly.
Delaying this process can lead to stress, expenses, and financial losses.
If your parent can still decide after a diagnosis, discuss their wishes and create necessary legal documents following state requirements.