How to Obtain Power of Attorney Over an Elderly Grandparent
- The power of attorney is a legal document that gives you the right to conduct certain legal and financial acts on your grandparent's behalf. These acts include making real estate decisions, withdrawing and depositing money to her bank account and ensuring bills are paid on time. By making you the "Agent," your grandparent bestows upon you a large amount of trust.
- To gain power of attorney you and your grandparent need to complete a power of attorney form available on many state web sites or from legal offices. The signatures of your and your grandparent on the form need to be notarized, and then filed with the agency listed on the form. The document spells out exactly what powers you are granted. Alternatively, a lawyer can draw up a power of attorney form for you.
- A power of attorney lasts indefinitely, but your grandparent can cancel your it by filing a revocation form. A durable power of attorney allows you to act on your grandparent's behalf if he becomes incapacitated when a normal power of attorney ends. A springing durable power of attorney means you cannot act on your grandparent's behalf until he becomes incapacitated.
- The power of attorney is a major responsibility. The role should only be undertaken by someone very trustworthy and who has good financial sense. A power of attorney must be signed by a grandparent who has the ability to understand what he is signing. Therefore, if your grandparent is already incapacitated, you cannot gain power of attorney. In this case, speak with a lawyer trained in elder law regarding your options.