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Daytona Beach Lawyers > Blog > Estate Planning > Helping An Elderly Parent Create A Power Of Attorney

Helping An Elderly Parent Create A Power Of Attorney

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Helping your parent draft a power of attorney brings a great deal of reassurance for you and for them. A power of attorney gives a trusted person the authority to make financial and healthcare decisions on behalf of another person. It is important to have these powers in place in the event that a loved one loses the ability to make sound decisions for themselves. Below, our Daytona Beach estate planning lawyer explains how to help your parents draft a power of attorney.

Financial and Healthcare Powers of Attorney 

It makes things much easier when parents are of sound mind and open to the idea of establishing medical wishes and naming another person to handle their financial affairs. You can help your parent draft both medical and financial powers of attorney.

Medical powers of attorney are often referred to as a ‘durable power of attorney for healthcare’. This document designates someone to act on your parent’s behalf in the event that they are ever unable, or unwilling, to act on their own. The person named as the healthcare agent will work closely with doctors and other medical professionals to ensure your parent receives the type of care that is in accordance with their wishes. The agent has a responsibility to follow the wishes for medical treatment your parent has expressed to the best of their ability.

A financial power of attorney gives another person the authority to make financial decisions for your parent. A financial power of attorney can handle minor tasks such as depositing Social Security checks into your parent’s bank account, as well as more complicated tasks such as managing investment accounts and filing tax returns. The agent is not required to have extensive professional experience in the financial sector. They must only have good common sense and be someone your parent trusts.

If Your Parent Resists Help 

You will have to carefully consider how to approach the subject of a power of attorney if your parent resists the help. First and foremost, emphasize that it is of critical importance that everyone plans for the future, regardless of their age or financial position. You should also stress that planning is for them, and helps them retain control over their future, even if they are ever unable to make decisions for themselves.

It is also just as important to remember that you cannot force the issue. Legally speaking, you cannot force your parent to create a power of attorney. If they are very resistant to the idea, maybe let it go for the time-being. If a time does ever come when your parent cannot make decisions for themselves, you can petition the court to name a guardian for your parent who will take over these matters.

Our Estate Planning Lawyer in Daytona Beach Can Help Your Family 

Whether you want to help your parent draft a power of attorney, or you need to pursue guardianship, our Daytona Beach estate planning lawyer can help. At Bundza & Rodriguez, our seasoned attorney has the necessary experience to draft the documents your loved one needs, and help you through the appropriate process to ensure their wishes are fulfilled. Call us now at 386-252-5170 or contact us online to schedule a consultation and to get the legal help you need.

Source:

flsenate.gov/laws/statutes/2010/709.08

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