How to get Power of Attorney for Elderly Parents? 

Quick Answer: Your parent must usually be mentally competent to understand and sign the document to obtain a Power of Attorney (POA) for an elderly parent. You’ll choose the correct type of POA, prepare the document, meet the signing requirements, and often have it notarized before it becomes effective. Court involvement may become necessary if your parent can no longer make legal decisions.  

It is one of the most stressful situations a family can face when they need to help an aging parent but legally can’t. Maybe bills are piling up. Maybe medical decisions need to be made. Maybe a parent is becoming forgetful or struggling to manage appointments and finances. This will naturally make a family think, “How do I get power of attorney for my elderly parent?” 

You cannot simply “apply” for Power of Attorney over a parent. A POA is something your parent typically chooses to grant while they still have legal capacity, unlike guardianship. The good news is that when done correctly, a Power of Attorney can make life significantly easier for both parents and adult children. Let’s go through how to get a Power of Attorney for an elderly parent, how notarization works, and what to do if your parent can no longer sign.  

What Is Power of Attorney for an Elderly Parent?

A Power of Attorney (POA) allows an elderly parent (the principal) to authorize another person (the agent) to act on their behalf. The authority granted depends on the document. A POA may allow you to manage finances, pay bills, handle insurance matters, access accounts, manage investments, sign legal paperwork, and make healthcare decisions.  

Key Insight: A Power of Attorney is about creating legal authority, so someone you trust can assist when needed, and not just about taking control away from your parent.  

When Should Families Consider Power of Attorney? 

Many people wait too long. Common situations where families begin considering POA include –  

• Increasing memory issues  

• Difficulty managing finances  

• Frequent medical appointments  

• Limited mobility  

• Travel limitations  

• Long-term healthcare planning 

Why It Matters: Waiting until a parent loses decision-making capacity can dramatically limit available options and may require court involvement. 

Step 1 – Talk With Your Parent Early 

This is usually the hardest step. Many elderly parents resist the idea because they worry about losing independence and control, and about being pressured. So, approach the discussion very carefully. Try to frame it as: “This gives us a plan if something unexpected happens,” rather than “I need control of your decisions.”  

Step 2 – Determine Which Type of Power of Attorney Is Needed 

1. Durable Power of Attorney – It allows the agent to continue exercising authority even if the parent later becomes incapacitated. Common uses include paying bills, managing investments, or handling finances. 
2. Medical Power of Attorney – It allows healthcare decisions if your parent cannot communicate. It may cover treatment decisions, medical authorization, or care planning. 
3. Limited Power of Attorney – It only grants authority for a specific purpose. Examples include selling property or signing one specific document.  
4. General Power of Attorney – It provides broader authority but often terminates upon incapacity unless durability language applies.  

Step 3 – Confirm Your Parent Has Legal Capacity 

This is a critical step. Your parent generally must understand –  

• What a POA is  

• What authority is being granted  

• Who will act as the agent  

• Potential consequences 

If your parents can explain their decisions, understand basic finances, and communicate preferences, it means the signs of capacity may still exist. Additional evaluation may be needed if there is severe confusion, advanced cognitive decline, or the inability to understand documents.  

Key Insight: Age alone does not remove legal capacity. Many elderly individuals remain fully capable of creating POAs. 

Step 4 – Prepare the Power of Attorney Document 

The document should include –  

• Parent’s legal information  

• Agent information  

• Powers granted  

• Effective date  

• Signature section 

Be very clear about financial authority, medical authority, and limitations.  

Pro Tip: Avoid giving broader authority than necessary. Tailored authority often reduces future disputes. 

Step 5 – Sign the Document Correctly 

Document requirements vary by state. Some states require notarization; some require witnesses, and some might need both.  

Why It Matters: Incorrect execution is one of the biggest reasons institutions reject POAs. 

Step 6 – Notarize the Power of Attorney 

Notarization is often the next step once the document is complete. The notary will verify identity, confirm willingness, witness signatures, and complete the certification. You can complete notarization in person or through online notarization platforms like eNotary On Call.  

Key Insight: Banks and financial institutions are much more likely to accept a properly notarized POA. 

How to Notarize a Power of Attorney Online?

Online notarization may help if leaving your home is difficult. The process generally works like this with eNotary On Call –  

• Create an account  

• Upload the completed document  

• Verify identity  

• Meet with a commissioned notary  

• Sign during a secure video session  

• Receive your notarized document 

Why It Matters: Online notarization can be especially helpful for elderly parents with mobility challenges. 

What If My Parent Can No Longer Sign? 

This can get really confusing for a lot of families. If your parent no longer has legal capacity, you generally cannot create a new POA. You can go for other options like guardianship, conservatorship, or a court-appointed authority.  

Common Mistakes Families Make 

1. Common Mistakes Families Make – Many families wait until an emergency.
2. Choosing the Wrong Agent – Trust matters more than convenience.
3. Assuming POA Means Unlimited Authority – Authority only extends to what the document allows.
4. Forgetting Healthcare Planning – Financial authority and medical authority are often separate.
5. Not Updating Documents – Old POAs may create confusion.

How Long Does a Power of Attorney Last? 

This depends on the document. POA may end when –  

• The principal revokes it  

• A termination date occurs  

• The principal dies  

• Court action changes authority  

Durable POAs often continue during incapacity.  

Pro Tip: Review POAs every few years to ensure they still match family circumstances. 

Final Thoughts 

The process of getting a Power of Attorney for an elderly parent can feel overwhelming at first, but it becomes much easier when families plan early. The most important thing to remember is that the Power of Attorney is usually about preparation, not control. 

Families can avoid unnecessary legal complications later by choosing the right document, meeting proper signing requirements, and notarizing it correctly. eNotary On Call can help simplify one of the most time-sensitive parts of the process by getting documents notarized without unnecessary delays, appointments, or travel. 

Frequently Asked Questions 

1. Can I get a Power of Attorney for my elderly parent without their permission? 

Generally, no. A Power of Attorney is usually a voluntary legal document, which means your parent must willingly grant authority while they still have legal capacity to understand what they are signing. You cannot simply decide to obtain a POA because you think it would help.

2. What type of POA is best for elderly parents?

There is no single answer because the best type depends on the family’s needs and goals. However, many families create a Durable Power of Attorney for financial decisions and a Medical Power of Attorney for healthcare decisions.

3. Does a Power of Attorney for elderly parents need notarization?

Requirements vary depending on the state and type of Power of Attorney being created. Some states require notarization, some require witnesses, and others may require both. Even where notarization is optional, it is often strongly recommended because banks, healthcare providers, and financial institutions frequently prefer or expect notarized POAs before accepting them.

4. Can siblings share Power of Attorney?

Yes, in many situations, siblings can serve together as co-agents under the same Power of Attorney. This may work well when responsibilities are clearly divided and communication is strong. However, joint authority can sometimes create delays if both signatures are required or if disagreements arise.

5. What happens if my parent changes their mind? 

As long as your parent remains legally competent, they can usually revoke or replace a Power of Attorney at any time. The revocation should generally be documented properly and communicated to the current agent and relevant institutions.