Types of Powers of Attorney for Elderly Family Members

If you are concerned about an elderly parent or other senior-aged loved one, you may wonder what you can do to ensure your relative's well-being. One possible means is to take on power of attorney for one or more areas of your loved one's life. Consult with your loved one and with an attorney who specializes in elder care law if you have specific questions.

Power of Attorney Definition

A power of attorney assigns the legal right for one person, called the agent, to act on behalf of another person, called the principal. In your capacity as agent, actions that you take in areas covered by the power of attorney have the same effect as they would if the principal had taken the actions. Power of attorney allows you to represent a parent or other senior family member in matters ranging from paying bills to arranging for the handling of the estate. You may also sign contracts on the behalf of the family member and pursue legal action for that person.

General Versus Limited Power of Attorney

Power of attorney may be general, which means that it applies to a broad range of legal issues. In many cases, a principal will assign general power of attorney to an attorney, but this is not required. If you hold limited power of attorney, the principal has granted you the authority to act on her behalf only where specific matters are concerned. Examples of limited power of attorney include power of attorney to file tax returns or power of attorney to handle the details of the sale of a home.

Advance Medical Directives

One area that is often of special concern to seniors is regarding health-related matters. A health care power of attorney or health care proxy gives you the authority to make health care-related decisions on behalf of your parent or loved one. This includes authorizing medical procedures, obtaining prescriptions and dealing with the insurance company. Along with a living will, a medical power of attorney is considered an advance medical directive. However, a living will pertains only to decisions concerning continuing or ending medical life support.

Durable Power of Attorney

Your parent or family member must be mentally competent to assign power of attorney to you as her agent. Even after assigning power of attorney, your parent or senior family member retains ultimate control over her affairs as long as she remains mentally competent. However, a durable power of attorney would allow you as her agent to take over handling the affairs of the principal if she becomes incapable of doing so. You would retain power of attorney until the principal is able to resume controlling her own affairs. The death of the principal also closes the power of attorney; at that time, the executor would take over in handling the estate.