“Love your parents. We are so busy growing up, we often forget they are also growing old.” – Anonymous

I do not know who spoke those words, but I think of them often when working with adult children and their parents. One of the joys of being an attorney is being able to put people at ease. I know I’ve been successful when my clients have a plan for the future and are confident that their wishes are known and in the hands of the right people. Helping families set up a power of attorney is one way I can help take some of the uncertainty out of life.

If your parents are still young or in good health, you may not yet be familiar with a power of attorney or why your parents, or even younger adults looking forward, may want to set up a power of attorney. A power of attorney isn’t only for the AARP crowd, but by the time you start receiving those mailers, you definitely want to have a plan in place that includes a power of attorney.

In its simplest terms, a power of attorney is a document granting one person the power to make decisions for or on behalf of another. A power of attorney is different from a guardianship. I’d like to introduce you to my fictional client Jane, a widow, and her children Robbie and Rebecca. In a guardianship, Robbie or Rebecca would petition the court for a determination that Jane no longer has the legal capacity to fully care for herself. If found incompetent, the court would grant Robbie and Rebecca guardianship of Jane. The important distinction here is that Robbie and Rebecca are taking the action on behalf of Jane.

Clients will often ask, “How do you get power of attorney for a parent?” thinking the process is like obtaining a guardianship. The answer is you cannot get power of attorney; power of attorney is something that is granted to you. Rebecca and Robbie would not be able to create a power of attorney for Jane, but Jane could give Rebecca and/or Robbie power of attorney. For power of attorney, Jane is the one controlling the legal process. Thus, a power of attorney is pro-active where a guardianship is reactive.

There are several types of power of attorney, each with different purposes.

Limited Power of Attorney is for a specific period of time or act. For example, Jane asks Robbie if she can grant him power of attorney so he can legally be the one to talk to the realtor, the bank, and handle everything else that comes with selling a home. Robbie’s power of attorney is limited to the sale of Jane’s home. Robbie couldn’t also sell Jane’s car or call up Jane’s doctor to discuss her health because Jane has not granted Robbie this authority.

General Power of Attorney gives broad powers to perform any legal act, but terminates if the person you are acting on behalf of becomes incapacitated. Jane has granted Robbie general power of attorney to handle things on her behalf while she travels. Unfortunately, Jane slips and suffers a serious head injury. Because Jane is now incapacitated, Robbie no longer has the legal authority to act on Jane’s behalf.

Durable Power of Attorney, with specific wording, can continue on even if the person is no longer able to make decisions for themselves. This is why most children or trusted loved ones looking to care for an elderly parent in Florida opt for a durable power of attorney. A durable power of attorney is a planning tool for the what-ifs in life. What if I slip and suffer a serious injury? What if I get a dementia diagnosis? What if I get cancer? What happens if I can no longer safely navigate day-to-day life on my own?

While we may not be able to prevent the what-ifs, we can take control by having a plan in place that puts a trusted person in charge and makes our wishes known. Granting a power of attorney keeps you in charge even when you aren’t in a position to actively be the one making the decisions. In addition to giving you peace of mind that your wants and wishes are being carried out, a power of attorney can also help to prevent family disputes.

Our friend Jane sits Robbie and Rebecca down. Jane explains that because Rebecca is still in graduate school, Robbie, newly married and living an hour from Jane, is going to be given power of attorney should anything happen to Jane. Jane makes sure to tell Rebecca and Robbie what kind of medical treatment she is open to, if she would prefer home care versus a senior center, and those sorts of things. Jane has taken the proactive steps to help prevent family disputes by designating who should be in charge should Jane be unable to care for herself and making her care preferences known.

Sometimes clients worry about what if I change my mind or circumstances change after I execute a power of attorney? I assure them a power of attorney is revocable. As long as you are of sound mind, you can take away the person’s ability to make decisions for you or change who you want to trust with that role in your life.

Remember how Jane gave Robbie power of attorney? A few years later, Robbie takes a job in another state. Jane has started to slow down a little and is thinking more and more about her golden years. She is concerned Robbie will struggle managing her affairs now that he is a three hour plane ride and two hour drive away. Jane decides to change her power of attorney to her daughter Rebecca, who now lives and works two towns over. Circumstances changed and so did Jane’s power of attorney.

One of the greatest gifts a parent can give their children is having a plan in place. It is hard to watch your parents age. Knowing mom or dad’s wishes, and having the ability to step without jumping through legal hurdles if mom or dad need help can ease concerns as parents age. Granting power of attorney can be a valuable part of an estate plan to protect the most important asset you have, yourself.