The Importance of a Power of Attorney for Aging Parents

Watching your parents age comes with both emotional and practical challenges. One of the most important steps you can take to protect them—and yourself—is putting a Power of Attorney (POA) in place before a crisis hits.

A POA gives someone legal authority to act on another person’s behalf, and it can be a lifeline when health, memory, or mobility start to decline. Without it, you may find yourself shut out of important decisions just when your parents need you most or worse yet, having to seek a legal guardianship for your aging loved one.

What a Power of Attorney Actually Does

A POA gives legal authority for someone (called the “agent” or “attorney-in-fact”) to act on behalf of someone else (the “principal”). This authority can cover financial matters, health care decisions, or both—depending on the type of POA created.

In Florida, the most common types include:

• Durable Power of Attorney: Remains in effect even if the principal becomes incapacitated. This is critical for aging parents.
• Medical Power of Attorney: Lets you make medical decisions if your parent is unable to do so. In Florida, this is also referred to as a “Health Care Surrogate.”
• Limited Power of Attorney: Grants specific powers for a defined time or purpose, such as handling a real estate transaction.

A properly executed POA lets you pay bills, manage bank accounts, handle insurance matters, access financial records, and speak with health care providers. Without it, you may need to go through a court process to be appointed guardian—a process that’s costly, time-consuming, and often emotionally draining. Setting up a POA is a proactive way to ensure someone your parent trusts is legally able to help if the need arises.

How a POA Protects Your Parents (and You)

If a parent develops dementia, suffers a stroke, or becomes otherwise incapacitated, having a POA in place allows for a seamless transition of responsibility. You can immediately step in to manage the household, protect assets, and ensure medical care continues uninterrupted.

Without a POA, banks and hospitals will likely refuse to share information or follow your direction. You could find yourself locked out of accounts, unable to pay their bills, and with no authority to make urgent health care decisions. This can trigger court intervention and formal guardianship proceedings—placing your parent’s affairs under court supervision, often with limited family control.

On the flip side, when a POA is in place early—while your parent is still healthy—it gives them the power to choose who they trust most. It also gives everyone time to understand the scope of that authority and avoid confusion later.

A POA can also help prevent elder financial abuse. If no one has legal oversight, a dishonest caregiver or manipulative acquaintance can exploit the situation. With a POA, there’s a named decision-maker who can monitor transactions and protect your parent’s interests.

For adult children, it also removes guesswork. You’ll know where you stand, what authority you have, and what actions you’re legally allowed to take on your parent’s behalf.

When and How to Set One Up in Florida

Timing is everything. Once someone becomes legally incapacitated, it’s too late to sign a POA. That’s why it's so important to have the conversation while your parent is still mentally capable of making decisions.

Start by talking about their long-term preferences. Would they want you—or someone else—to manage their finances? Who should make medical decisions if they can't speak for themselves? These aren’t easy conversations, but they are necessary.

In Florida, the law requires POAs to follow strict rules. For example:

• The document must be signed in the presence of two witnesses and a notary.
• The powers granted must be specifically listed. General language isn’t enough.
• The POA becomes effective immediately unless otherwise stated. Florida does not recognize “springing” POAs that only activate upon incapacity unless it was signed before 2011.

Because of these rules, using an online form or outdated template often leads to trouble. A poorly drafted POA may be rejected by banks or hospitals. It may also fail to cover key powers your parent wants you to have, like the ability to handle retirement accounts or update beneficiary designations.

Working with an estate planning attorney ensures your POA meets Florida legal requirements and is tailored to your parent’s needs. It also gives you a chance to discuss other documents that often go hand-in-hand, such as a living will, health care surrogate designation, and HIPAA authorization.

The POA should be reviewed regularly—especially after major life changes like retirement, relocation, divorce, or the onset of illness. Keeping it updated ensures it still reflects your parent’s wishes and remains legally valid.

Take Control Before Crisis Hits

You don’t need to wait for a medical scare to act. The right time to put a Power of Attorney in place is before it’s needed. It gives your parents peace of mind, helps you avoid legal chaos, and keeps decision-making in the family.

A Power of Attorney is not only for our aging parents. Younger adults also benefit by having one in place before the unexpected happens, such as an accident or illness. Those who are planning on serving in the military or studying away from their home states can also find they benefit from a POA.

At the Law Offices of Alper & Estry Karen Estry, P.A., we help families across Central Florida prepare for life’s what-ifs with confidence and care. Reach out today by filling out our contact form or by calling (407) 869-0900 to schedule a consultation and make sure your parents—and your family—are protected.