If your parent or an elderly relative is getting older and you are concerned that he or she does not have the mental capacity to make wise financial and/or medical decisions, then it can be wise to convince him or her to give you a power of attorney. There are two types of documents of this nature; a financial power of attorney that gives one the right to manage another person’s finances and a medical power of attorney that gives one the right to make medical decisions for another person. You can have both or either document drawn up depending on the nature of the situation, your loved one’s condition and how fast he or she is deteriorating mentally and/or physically.
To obtain a power of attorney, you will need to talk with the individual in question, convince your loved one that he or she needs help and then take your loved one to court to draw up a power of attorney. Hiring a lawyer to help you draw up this document is a wise idea, as this can prevent misunderstandings regarding what you as the agent are and are not permitted to control. However, if your loved one is not able or is unwilling to content to drawing up a power of attorney, requesting the court to give you guardianship may be your only option. We will help you go over your personal situation and make a wise choice in this regard.
Alternatively, a person who is getting older and is concerned about his or her future capability to manage personal affairs can create a power of attorney that only becomes effective once an individual becomes incapacitated. We can help you draw up a document of this nature and ensure that the definition of incapacitated is clearly established. Creating a power of attorney of this nature gives you the advantage of being able to choose who will help you manage your affairs while you still have the mental capacity to make wise decisions in this regard. It can also save a child or other close relative the emotional pain and legal hassle of having to request guardianship from the court.