How to Get Power of Attorney for Aging Parents

How to Get Power of Attorney for Aging Parents

Planning for our parents’ future and ensuring their well-being become increasingly important as they age. Creating a power of attorney is a critical component of this planning. The legal right to make decisions on behalf of another person, known as the principal, is granted through a power of attorney. It’s important to understand the process and the many powers of attorney available if you’re looking for information on how to obtain power of attorney for your elderly parents.

In New Jersey, if your parents are mentally capable of understanding and making decisions, you can seek power of attorney for them later on. It is best to have these conversations and make the appropriate plans before any mental capacity deterioration occurs. It’s crucial to take action as soon as you can because waiting until a parent becomes incapable may lead to further legal complications and the requirement for guardianship proceedings.

What Kind of Power of Attorney Is Needed for My Aging Parent? 

You must choose the right kind of power of attorney for your elderly parents, depending on their unique requirements. The two main types of powers of attorney are as follows: 

General Power of Attorney: A general power of attorney gives the agent extensive discretion to handle a range of financial and legal matters on behalf of the principal. To guarantee that the agent acts in the principal’s best interests, creating explicit rules and restrictions is essential. 

Durable Power of Attorney: If the principle of a durable power of attorney loses mental capacity, a power of attorney continues to be valid. To facilitate a smooth transition of decision-making authority in the event of cognitive deterioration, this sort of power of attorney is advised for elderly parents. 

Depending on the specific situation and required level of authority, one should choose between a general and a durable power of attorney. Speaking with an experienced elder law attorney is recommended to evaluate which form would be best for your elderly parents’ circumstances.

Navigating The Power of Attorney Process 

There are several crucial stages involved in obtaining power of attorney for your elderly parents. Here is a general description of what happens: 

Start the Discussion: Talk with your parents about their future goals and preferences for appointing an agent. Having open and honest conversations with them about their concerns will ensure the process is as smooth as possible for everyone involved. 

Select an Agent: The principal must choose a dependable person to serve as their agent. This person must be trustworthy, accountable, and able to make choices that are in their best interests. Talk about your decision with your parents and ensure they know the duties and authority given to the agent. 

Draft and Sign the Power of Attorney Form: To create a power of attorney document that is accepted by the law, you need to work with an experienced lawyer in your state. The agreement must comply with New Jersey law and detail the agent’s authority responsibilities. The document must be created, signed, and notarized as state law requires. 

Inform all Necessary Parties: Provide information regarding the power of attorney agreement to appropriate persons, including financial institutions, healthcare providers, and other relevant organizations. Ensure they understand and recognize the agent’s authority, and give them copies of the document for their records.

How SCC Legal Can Help Your Senior Parents in NJ

Obtaining power of attorney for elderly parents can be challenging and requires attention to detail. The knowledgeable lawyers at SCC Legal, who focus on elder law, can provide appropriate direction and guarantee that all legal requirements are completed. We offer complete legal services that are tailored to the unique requirements of senior citizens and their families. 

Contact us today to see how we can assist you in navigating the process and securing power of attorney for your aging parents in New Jersey or visit our website for more information at:

Recent Posts



Call Now