As our parents get older, we want to make sure they receive the best care as possible, as well as respecting their wishes. This is why it’s important we have conversations – in advance – with them about Power of Attorney (POA).

In this blog, we’ll walk you through that all-important conversation along with understanding what exactly is a POA. Plus, we’ll weigh up the options on using a lawyer or doing it yourself, and we’ll even share a handy link to a reliable form.

What is Power of Attorney? 

Power of Attorney is a legal document that grants authority to a designated person to make decisions on behalf of another individual. It comes into effect when the person is unable to make decisions for themselves, either due to a medical condition, incapacitation, or other reasons. POA is a crucial tool for ensuring someone you can trust can act on your behalf when you need assistance the most.

Difference between financial and medical POA 

Financial POA grants the agent the authority to manage the person’s financial matters, such as banking, investments, and paying bills. However, a medical POA allows the agent to make healthcare decisions, including medical treatments and end-of-life care, based on the person’s wishes.

A solicitor or legal form?

Deciding whether to use a solicitor or opt for a DIY legal form depends on personal preference. By hiring a solicitor, you can get professional advice and customisation, but this is usually more expensive. On the other hand, a DIY legal form is cost-effective and convenient. Just make sure you are getting your DIY legal form from a trusted source.

Check out this link for reliable POA legal forms.

Once the POA is signed, it’s essential to keep it safe and easily accessible. Store the document in a secure location known to the agent and trusted family members. Research online whether it needs to be filed at the courthouse where you live, to make it official. Remember to review and update the POA periodically to ensure it reflects the person’s current wishes and circumstances.

How to approach your elderly parent about POA?

Talking about POA to your older parents can be a challenge, which is why it’s important to approach the situation with empathy, understanding, and patience.

Here are a few tips that can help you start the conversation:

• Choose the right time and place. A comfortable and private setting can help your parents feel at ease. Choose a spot where they feel the most relaxed, so the conversation can start off smoothly.
• Be respectful and supportive. Make sure you let your parents know that you want to understand their wishes and ensure their best interests.
• Actively listen. Give them time to express their thoughts, concerns, and desires. It’s important to hear what they say and how they feel about the situation.
• Provide information. Educate them on the importance of POA and how it safeguards their future.
• Take it in stages. Talk through the issues over several conversations to give your parents time to think things through.

Reading about other peoples experiences can also help you start a conversation about POA to your parents.

Check out Natalie’s story on how she got POA for her dad.

Thornton Jones can help you create a Lasting Power of Attorney (LPA), which ensures that if anything were to happen to you, your loved ones are left secure in the knowledge that they know exactly how to deal with things, but also have the power and ability to implement your wishes without resorting to lengthy court proceedings.

Do you need to always carry the POA? 

The answer depends on the situation. For instance, if your POA covers medical decisions, it’s a good idea to give it to healthcare professionals in advance. This way, your chosen agent can represent your wishes when deciding important medical decisions. On the financial side, sharing your POA with banks might allow your agent to manage money matters on your behalf. Each bank or financial institution will have their own slight differences in rules, so give them a call to understand their process.

However, when it comes to notarisation, it depends on where you are and what your local rulebook says. Notarising your POA adds a layer of official shine to your document, so it’s less likely to raise questioning eyebrows. Though not always necessary as a regular photocopy of the signed document can often do the trick.

Write-On Cards: Help communicate that you have a POA 

Having an ID card on hand provides peace of mind as it lets others know that you have a POA in case of an emergency. Although, this is more about communicating that a legal document does exists rather than showcasing the actual POA. It’s an important signpost that you have done the legal form, so it can be found quickly when it’s needed.

These cards are available in flat or folded options, that fit neatly into any wallet.

So, in conclusion, having a Power of Attorney conversation with your parents prepares them for the future. It is an act of love and responsibility, whether you choose to use a solicitor or a DIY legal form, the most important thing to remember is to approach the conversation with empathy and support. Remember to listen to your parents’ wishes and provide them with the information they need to make informed choices.

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