Why Having a Power of Attorney is So Important for Older Adults

Talking about legal documents is never the easiest conversation to start, especially as a family caregiver. With everything else on your plate, the thought of dealing with complex paperwork and legal processes may feel overwhelming. However, two key legal documents—medical and financial powers of attorney (POAs)—can be crucial for both the caregiver and the aging loved one in your life.

A POA is a legal document that allows an individual to act on another person’s behalf. This means that if your loved one is no longer able to make decisions due to health issues, a designated POA can step in to manage important financial and medical affairs. These documents provide peace of mind, knowing that the right person is in charge, should the need arise.

Why is Power of Attorney So Important for Aging Parents?

Having both medical and financial POAs in place can help avoid the complications and potential risks that come with not having these documents. Without them, your family may need to go through a legal process to gain the authority to make decisions on behalf of your loved one. This can be time-consuming, stressful, and costly.

A durable POA remains effective even if your loved one is no longer able to make decisions due to physical, mental, or cognitive decline. Having these documents in place ensures that your loved one’s care and finances are managed by someone they trust, rather than leaving these decisions up to a stranger or the court system.

Medical Power of Attorney

A medical POA allows someone to act as your loved one’s health care agent. This means they can make decisions about medical treatments, surgeries, and even where your loved one receives care. For example, if your father needed surgery or treatment, you would have the authority to make decisions in consultation with healthcare providers about the best course of action for his care.

Financial Power of Attorney

A financial POA allows someone to manage your loved one’s financial matters. This can include paying bills, managing property, filing taxes, and even applying for benefits like Medicaid or veterans’ benefits. This document ensures that your loved one’s financial life continues to run smoothly, even when they can no longer handle it themselves.

What a POA Can’t Do

It’s important to understand that there are some things a POA cannot do. For example:

• They cannot change someone’s will.
• They cannot be put into place without one’s knowledge or consent.
• They cannot make decisions after the individual’s death (unless they’re also the executor of the will).
• They cannot transfer the POA to someone else.

While you can find online-based, do-it-yourself options for setting up POAs, it’s often best to consult an attorney to ensure everything is done properly according to your state’s laws.

Why It’s Best to Plan Early

When it comes to setting up Power of Attorney documents, the earlier, the better. While these conversations may feel daunting, addressing them sooner rather than later can save you and your loved ones a lot of stress down the road. If a parent or loved one receives a dementia diagnosis, for example, it can complicate their ability to make decisions or sign legal documents.

Waiting until a diagnosis like dementia is in place can make it much harder, or even impossible, for your loved one to appoint someone to make decisions on their behalf. In many cases, if a person becomes incapacitated before establishing a POA, family members may need to go through the court system to gain the legal authority to act for them. This process can be lengthy, emotionally draining, and expensive.

By taking the time to have the discussion and set up these legal protections early on, you provide your loved one with peace of mind, knowing their wishes will be respected even if they become unable to voice them. Plus, it can help avoid unnecessary family conflicts and ensure that important decisions are made by someone they trust.

Finding Trusted Legal Guidance for Older Adults in St. Louis & Chicago

When navigating the complexities of elder law and Power of Attorney planning, it’s crucial to work with trusted professionals. Families in Missouri and Illinois can start their search for qualified legal assistance through the National Academy of Elder Law Attorneys (NAELA) website at www.naela.org/findlawyer. NAELA members specialize in elder law and are dedicated to providing the highest quality legal services for older adults and people with disabilities.

Remember, it’s also important for you to consider setting up your own POA to ensure your wishes are carried out if you are ever unable to make decisions for yourself.

Our Team Is Here For You

Our local team at Assistance Home Care is here to guide you through the process and answer any questions you may have. We’ve helped over 5,000 families, and we’re ready to support you and your loved ones with care planning and legal considerations. Connect with us today!