{"id":1364,"date":"2019-04-11T21:13:45","date_gmt":"2019-04-11T21:13:45","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/?p=1364"},"modified":"2022-08-31T22:56:18","modified_gmt":"2022-08-31T22:56:18","slug":"get-power-attorney-elderly-parents","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/blog\/get-power-attorney-elderly-parents\/","title":{"rendered":"How To Get Power Of Attorney For Elderly Parents"},"content":{"rendered":"

Introduction<\/h2>\n

If you are concerned that an elderly parent is losing the capacity to properly manage their assets and care for themselves, there are two ways you can receive the legal authority to step in and handle their affairs. The preferable method is for your parent to voluntarily give you authorization with a durable power of attorney<\/a>\u2014a legally binding document that tells the court that your parent would like to appoint you as their agent by their own free will. As long as your parent is of a sound mind and is not subject to duress or undue influence, this will give you all the authority you need to handle their affairs.<\/p>\n

Drafting a power of attorney is a relatively simple process:<\/p>\n

    \n
  1. Start with an open conversation<\/li>\n
  2. Draft the document with an attorney<\/li>\n
  3. Have the power of attorney witnessed and notarized<\/li>\n
  4. Submit copies to the appropriate financial and healthcare organizations<\/li>\n<\/ol>\n

     <\/p>\n

    Start with an Open Conversation<\/h2>\n

    Nobody likes to have their freedom taken away, and to many people, a power of attorney implies just that. Fortunately, that\u2019s a misunderstanding that can be addressed. Explain to your parent that a power of attorney grants you permission to act on their behalf, but it does not take away their ability to handle their own affairs. It\u2019s like adding an authorized user to their checking account or credit card\u2014there are now two people who can access their accounts, pay their bills, access their medical records, and speak with their doctors. A power of attorney is meant to make things easier for them, not to take away their free will.<\/p>\n

    If your parent expresses resistance or reluctance (which is probably to be expected if this wasn\u2019t their idea), be open and honest with them about your concerns. Rather than telling them you want blanket authorization to handle everything, try to address the areas that are of specific concern. For example, if they are behind on their bills or have accounts in collections, tell them you\u2019d like to take care of paying the bills so they don\u2019t have to worry about it. If they had a recent hospital stay, let them know you\u2019d like to be able to speak with their doctors if that happens again\u2014especially if an illness or accident rendered them unconscious or incapacitated. When your parent understands your intentions and sees the benefits, it\u2019s a lot easier to get on the same page.<\/p>\n

    Draft the Document with an Attorney<\/h2>\n

    A do-it-yourself power of attorney is perfectly legal, and in many cases it\u2019s a perfectly acceptable solution. However, if your parent is expressing hesitation, if you have any doubts as to their mental capacity, or if you anticipate another family member may contest the power of attorney, it\u2019s worth the extra cost to hire a lawyer. An experienced attorney can explain everything to your parent to put their mind at ease, and they can customize the legal document to include clauses that address your specific concerns.<\/p>\n

    For example, they can draft a power of attorney that grants authorization to all of your parent\u2019s assets, but refrains from granting you permission to make medical decisions on their behalf if they want to retain control in that area. Alternatively, the document could grant you full access to their medical history and the ability to act as their healthcare proxy, but restricts access to only a handful of your parent\u2019s financial accounts. If you have any concerns that someone may contest the power of attorney, an experienced attorney can also ensure that the document is properly prepared and protected from unwarranted contests.<\/p>\n

    Have the Document Properly Witnessed and Notarized<\/h2>\n

    For a durable power of attorney to be valid, the principal (your parent) needs to be of sound mind, and cannot be subject to duress or undue influence. A witness will need to sign the document to attest that at the time of signing, the principal meets these criteria. It\u2019s a good idea to choose a disinterested witness who would not benefit from the power of attorney being granted, in case anyone contests the power of attorney down the road. In the state of Arizona, you\u2019ll also need to have the document notarized.<\/p>\n

    Distribute Copies to the Appropriate Financial and Healthcare Organizations<\/h2>\n

    Once you have the power of attorney in hand, you\u2019ll need to get a copy to the right organizations so that they will recognize your authority as the attorney-in-fact. Pay special attention to the following:<\/p>\n