How to Obtain a Durable Power of Attorney for a Sick Parent

Setting up a Power of Attorney for a parent is not a difficult procedure, but when your parent is sick, other factors come into play. In this section, we will look at powers of attorney and how authority can be given when a parent becomes disabled.

What you’ll discover:

What kind of Power of Attorney do I require to assist my parent?
How do I obtain a Durable Power of Attorney for my ailing parent?
When should I seek assistance?

When a parent becomes sick, it can be a trying time. If your parent’s situation is fatal or will render them psychologically disabled or otherwise unable to voice their desires, they may want to give you the authority to make critical medical and money choices on their behalf. If your parent is already psychologically disabled, having them execute a Power of Attorney granting you this power can be complicated. We’ll walk you through the steps.

What kind of Power of Attorney do I require to assist my parent?

Consider the type of Power of Attorney (POA) that will be needed as you consider the kinds of assistance your sick parent will require. For example, if your parent requires you to handle their bank accounts, you may require a POA that expressly gives power over money issues. As you might expect, a Power of Attorney for Finances grants you the authority to make money decisions on your parent’s behalf, whereas a Healthcare Power of Attorney grants you the authority to make medical choices on their behalf.

How do I obtain a Durable Power of Attorney for my ailing parent?

You can obtain Power of Attorney for an ill relative in three methods. These are some examples:

In a legitimate Power of Attorney form, your parent identifies you as a representative or attorney-in-fact. Your father must be of sound mind in order to give you Power of Attorney. The parent must comprehend what it means to hand over Power of Attorney and what choices can be made on their behalf. Power of Attorney may be granted if the parent is of sound mind.
In a Living Will, your parent gives you the power to make medical choices on their account. If your parent is already cognitively disabled, they may have given you (or someone else) the required power in a Living Will. If you only want to make medical choices, you may not need to take any further measures to obtain Power of Attorney. However, you may need to find the Living Will. Individuals who are on top of their succession preparation generally keep all essential papers in one location. (including wills, trusts, and powers of attorney). If your parent had an estate planning counsel, you can also find estate planning papers by asking close relations if they were provided copies.
A guardianship is granted to you by a judge. If your parent is already psychologically disabled but has not given you Power of Attorney, you will need to petition a court for custody. (or an adult guardianship). A guardianship gives you the authority to make medical and budgetary choices for your parent. You can start guardianship procedures by contacting the clerk’s office at your county’s probate court.

When should I seek assistance?

If your parent is already disabled and there is no Living Will or Power of Attorney in effect, you should seek legal advice as soon as feasible. When significant financial or medical choices must be made, but your loved one did not give anybody the power to make those decisions on their behalf, things may get tricky.