Question 1

What is the difference between Guardianship and Power of Attorney?

Accepted Answer

A guardianship is a court-appointed role, while a power of attorney is a voluntary document created by the senior. Both allow someone to manage a senior’s affairs, but guardianship involves the legal system when the individual is incapacitated.

Question 2

What if a parent is already incapacitated?

Accepted Answer

If a parent is already incapacitated, they cannot grant power of attorney. In this case, the family must seek guardianship or conservatorship through the court, which is a more complex and time-consuming legal process.

Question 3

Can a POA be revoked?

Accepted Answer

Yes, a senior can revoke the power of attorney at any time if they are mentally competent. The revocation must be done in writing. If the senior is incapacitated, revocation requires court involvement.

Question 4

What are the agent’s responsibilities?

Accepted Answer

The agent must prioritize the senior’s best interests and follow the instructions in the power of attorney document. This includes managing finances, healthcare decisions, and property, while avoiding conflicts of interest and keeping accurate records.

Question 5

Can you get a Power of Attorney without consent?

Accepted Answer

No, a power of attorney cannot be granted without the senior’s voluntary consent. The individual must be mentally competent and willingly authorize someone to act on their behalf through the document.

Tag: home care planning

How to Get Power of Attorney for an Elderly Parent: Steps & FAQs

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Tag: home care planning

How to Get Power of Attorney for an Elderly Parent: Steps & FAQs

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