As seniors age, they may face health challenges that limit their ability to make important decisions. In such cases, adult children may need to step in and assume power of attorney to manage their affairs. Understanding when to take this crucial step is essential to ensure their well-being and protection.

What Is the Power of Attorney?

A power of attorney is a legal document that bestows a trusted individual with the legal right to make decisions on behalf of the senior. The older parent is known as the principal and the individual granted decision-making power is referred to as the agent.

Several different types of power of attorney exist. The senior parent must decide which of them best fits their needs. A durable power of attorney goes into effect when the older adult becomes incapacitated. This type of power of attorney is ideal for estate planning.

A springing power of attorney springs into effect when the senior develops dementia or becomes otherwise incapacitated. Once the specific condition is met, such as the aforementioned, the agent may exercise their legal right to make decisions on the senior’s behalf.

However, springing power of attorney isn’t advisable for estate planning, since determining a senior’s level of incapacitation takes time and is not always clear. Doctors, agents, and loved ones may have different ideas of what it means to be incapacitated.

Financial power of attorney allows the agent to make decisions about money and property on their parent’s behalf. The agent has authority to file the senior’s taxes, sell their estate, make bank deposits and withdrawals, and pay their parent’s bills or expenses.

Like financial power of attorney, a medical power of attorney is limited, granting the agent restricted powers. The agent makes decisions about the senior’s medical care, such as medications, surgery, and end-of-life care as well as the doctors and hospitals used to administer health care.

When Should Families Take Power of Attorney?

Families often delay establishing a Power of Attorney (POA) for finances and healthcare until it’s too late. When a senior is hospitalized and unable to make decisions, the process of creating a POA becomes significantly more challenging, time-consuming, and costly. During this period, families may have to shoulder the financial burden of care until the POA is finalized.

Additionally, disagreements among family members that are often avoidable with a properly established POA can create unnecessary stress and conflict. Delaying POA planning until a disability arises can also hinder access to timely care, precisely when it’s needed most. Proactive planning ensures smoother decision-making and avoids unnecessary complications during critical moments.

1. Health Conditions

Older adults may be unable to make decisions when a health condition develops. An Alzheimer’s diagnosis or any other type of dementia diagnosis can make it difficult for the senior to make decisions about their health and finances. Having a power of attorney in place ensures their wishes are executed.

Similarly, many aging parents set up a power of attorney before a major surgery or other medical procedure. If complications, such as postoperative cognitive dysfunction or delirium, arise due to the operation, the older person has protections in place via their power of attorney.

2. Financial Matters

Another reason to take power of attorney is to help the aging parent manage their finances. If Mom or Dad falls behind on the bills due to cognitive decline or another condition, a financial power of attorney ensures their financial affairs remain in order.

3. Convenience

A senior may wish to set up a power of attorney for reasons other than health or financial. Older parents who travel frequently may prefer to assign an agent to sign paperwork when they leave town. This convenience prevents the elderly parent from having to return home to manage affairs.

A power of attorney offers the senior and their family peace of mind. By knowing their parent’s wishes, the adult children have clear direction in the event incapacitation occurs and are empowered to make healthcare or financial decisions that align with the senior’s values.

Plus, when a health crisis occurs, having a power of attorney in place alleviates the pressure family members feel when making decisions; as a result, they experience less stress and anxiety. The legal document allows the adult children to honor their parent’s personal preferences.

Establishing a power of attorney early on allows the senior to obtain sound legal advice without pressure or hurry. Taking time to discuss their preferences with a legal professional experienced in elder law ensures the power of attorney is tailored to the senior’s specifications.

Creating a power of attorney is a voluntary process, one the senior initiates on their own. Family members cannot set up the legal document for the aging parent. Therefore, families are urged to begin discussions about establishing a power of attorney while the senior is in good health.

Seniors must also realize that setting up a power of attorney does not mean they are giving up their independence. Rather, the legal document ensures their preferences are honored in the event health issues arise or they experience difficulty managing their finances.

Elder Care from Assisting Hands

While discussing the importance of setting up a power of attorney, families should also bring up the topic of elder care. Assisting Hands Home Care is a reputable home care agency that prioritizes the physical, emotional, and social health of the elderly we are privileged to serve.

We offer a comprehensive range of in-home care services that allow seniors to remain independent. Professional caregivers are tasked with cooking healthy meals, shopping for groceries, and serving beverages throughout the day to keep them hydrated. Caregivers also provide medication reminders.

Respectful assistance with hygiene tasks is included. Caregivers provide transportation and escort to nearby destinations, such as the doctor’s office or pharmacy. We’re also pleasant companions who deter loneliness and isolation through stimulating puzzles, light conversations, hobbies, and enjoyable outings.

Care options are flexible and designed to meet the scheduling needs of families. We offer respite care for occasional support, 24-hour care, post-hospitalization care, and skilled dementia care, among others. Our caregivers are licensed, bonded, and insured to give seniors and their families peace of mind.

When you take power of attorney, it usually means the senior is unable to make decisions. Make one of the most compassionate decisions for them by choosing dependable elder care from Assisting Hands Home Care in Hinsdale, Burr Ridge, Downers Grove, La Grange, Oak Brook, Western Springs, IL and the surrounding areas. Call us at (630) 407-1932 to schedule a free in-home consult today.

Disclaimer: This video is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney for legal guidance specific to your situation.