Power of Attorney for an Elderly Parent: How to Get One

To get power of attorney for an elderly parent, your parent has to sign it while still able to: the parent is the principal, and under the Uniform Power of Attorney Act a power of attorney "must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name" (UPOAA Section 105). An adult child cannot create one on the parent's behalf.

The parent also generally must have the mental capacity to understand the document at the moment of signing. If that moment has passed, a power of attorney is generally no longer possible, and a court guardianship or conservatorship may be the route instead. This page walks through the practical path for an adult child, from the first conversation to what to do if a parent can no longer sign.

Scope: This page covers the practical steps for an adult child helping a parent set up and use a power of attorney, using the Uniform Power of Attorney Act and the state statutes and federal agency rules named below. Signing rules, durability and agent limits are set by each state, so check your parent's state page; our guide to power of attorney types and signing rules in all 50 states has the national table. This is legal information, not legal advice.

Your Parent Signs the Power of Attorney, Not You

A power of attorney is your parent's document. Your parent is the principal who grants authority, and you are the agent who receives it. The uniform act requires the principal's own signature, or a signature by someone else "in the principal's conscious presence" whom the principal directed to sign (Section 105).

Some states narrow who may sign for the principal. New York requires a POA to be "signed, initialed and dated by a principal with capacity," or signed in the principal's name by another person, "other than a person designated as the principal's agent or successor agent, in the principal's presence and at the principal's direction" (N.Y. Gen. Oblig. Law 5-1501B(1)(b)). So in New York, the child being named as agent cannot be the one who signs for the parent.

The signing ceremony itself follows your parent's state. Some states need only a signature, others a notary, witnesses or both, and some disqualify certain people as witnesses. The uniform act's comment notes that while notarization "is not required to create a valid power of attorney," the act "strongly encourages the practice," because people "who are presented with an unacknowledged power of attorney may be reluctant to accept it." Your parent's state page lists the exact rule.

Can a Parent With Dementia Still Sign a Power of Attorney?

Sometimes, yes. The question is not the diagnosis but whether your parent can understand what they are signing at the time. The uniform act sets no capacity test for signing a POA; it leaves that to state law and the courts. Its definition of "incapacity" governs when an agent acts or a springing POA takes effect, not whether a principal may sign.

States that write a test down describe it in different words. In the laws and decisions our research read:

• Utah: the principal must have "sufficient mental capacity at the time that the power of attorney is executed to understand that the principal is appointing an agent to handle the principal's financial affairs," and "a principal's understanding of how an agent will manage the principal's affairs is not required" (Utah Code 75A-2-105(1)(a)(ii), (1)(c)).
• California: "a natural person having the capacity to contract may execute a power of attorney" (Prob. Code 4120).
• New York: the POA must be signed "by a principal with capacity" (Gen. Oblig. Law 5-1501B(1)(b)).
• Ohio: in Testa v. Roberts, a 1988 decision of an Ohio intermediate appeals court, the court said that "the creation of a power of attorney requires that the principal be mentally competent at the time the power is executed," that the test "is the ability of the principal to understand the nature, scope and the extent of the business she is about to transact," and that a party alleging incapacity must prove it "by clear and convincing evidence." In that case, the probate court found that a nursing-home resident who signed a POA naming her nephew lacked capacity and ordered funds returned to her estate, and the appeals court affirmed that part of the judgment. It is one Ohio decision, not the rule in other states.
• Arizona: one of its statutory signing routes has the principal state that they are "eighteen years of age or older, of sound mind and under no constraint or undue influence" (A.R.S. 14-5501).

Other states have their own standards, which this page does not cover; a lawyer in your parent's state can explain the local test.

A diagnosis alone is not the answer. The National Institute on Aging (NIA) says that "people with early-stage Alzheimer's or a related dementia can often understand many aspects and consequences of legal decision-making." California's rules for court determinations of capacity say that "the mere diagnosis of a mental or physical disorder shall not be sufficient in and of itself to support a determination that a person is of unsound mind or lacks the capacity to do a certain act" (Prob. Code 811(d)). The uniform act's comment says its wording reflects that "disability does not necessarily render an individual incapable of property and business management."

For health care decisions, some states say the same thing in their health care laws. Virginia says "no person shall be deemed incapable of making an informed decision based solely on a particular clinical diagnosis" (Va. Code 54.1-2983.2(A)). Florida presumes a principal "capable of making health care decisions" and says incapacity "may not be inferred" from hospitalization for mental illness or from an intellectual disability (Fla. Stat. 765.204(1)). Delaware and Utah, under the 2023 uniform health care act, set a modest test to appoint a health care agent: the person must be willing and able to communicate a decision, with help if needed, and must recognize "the identity of the individual being appointed or identified" and understand "the general nature of the relationship" (16 Del. C. 2503(a), (a)(3); Utah Code 75A-9-102(1)(a), (b)(iii)).

Timing still matters. NIA warns that "decisionmaking may already be difficult by the time the person with dementia is diagnosed," and that financial and estate documents "must be created while the person with Alzheimer's or a related dementia has 'legal capacity' to make decisions on their own, meaning they can still understand the decisions and what they might mean." If a diagnosis is new, consider acting soon, and consider having a lawyer involved, which NIA says there are "good reasons" to do.

Which Documents Your Parent May Need

NIA lists the common documents. For money and property: "Common documents include a will, durable power of attorney for finances, and a living trust." For health care: "The most common advance directives include a living will and a durable power of attorney for health care."

A durable financial power of attorney. "Durable" means it keeps working if your parent loses capacity. NIA notes that a durable POA for finances "can help avoid court actions that may take away control of financial affairs." The uniform act makes a POA durable by default (Section 104), but states differ: in 17 states a financial POA is durable only if it says so. A POA can also be "springing," starting only on a future event such as incapacity (Section 109(a)), which may require a written determination before you can act. Your parent's state page explains the local rule.

A health care power of attorney. Medical decisions are covered by a separate document under a separate state law, with its own signing rule. Our guide to medical powers of attorney compares those rules in all 50 states and DC, explains how a health care proxy differs from a living will, and covers the agent's access to medical records.

Permission to talk to the doctor and lawyer. NIA advises: "Get permission in advance from the person with dementia to have his or her doctor and lawyer talk with a caregiver as needed. ... Without consent, the caregiver may not be able to get needed information."

A will or trust. These control what happens at death, which a power of attorney does not. This page does not cover them.

If you want a starting draft of a financial POA, our free power of attorney generator builds a state-specific document; your parent still signs it under the state's rules.

Choosing the Agent, Co-Agents and Backups

Your parent chooses the agent, and it does not have to be you, or only you. Families with several children often ask whether to name them all.

Co-agents act independently by default. Under the uniform act, "each coagent may exercise its authority independently" unless the POA says otherwise (Section 111(a)). The act's comment warns that with an incapacitated principal "the risk is even greater that coagents will use the power of attorney to vie for control of the principal and the principal's property," and says "a more prudent practice is generally to name one original agent and one or more successor agents."

Successors are the backup. A principal "may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve," and a successor "may not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve" (Section 111(b)).

Siblings watch each other. An agent who actually knows that another agent has breached, or is about to breach, a duty "shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest" (Section 111(d)).

Some people cannot be named. Utah bars a principal who lives, or is about to live, in a hospital, assisted living or skilled nursing facility from naming an owner, operator, health care provider or employee of that facility as agent, unless the agent is the principal's spouse, legal guardian or next of kin, or the authority is strictly limited to helping establish Medicaid eligibility (Utah Code 75A-2-105(2)(a)). Health care statutes in many states have similar limits; the medical POA guide lists them.

Pay. Unless the POA says otherwise, an agent "is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances" (Section 112). The act's comment notes that "many family-member agents serve without compensation." If your parent wants you paid, or not paid, the POA can say so, which can head off disputes with siblings later.

Your Duties as Your Parent's Agent

Under the uniform act, accepting the role takes no signature: unless the POA says otherwise, you accept "by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance" (Section 113). Some states require the agent to sign first. New York requires each agent to sign the POA with the signature acknowledged, and the POA takes effect for that agent on that date (Gen. Oblig. Law 5-1501B(1)(c), (3)(a)). Pennsylvania and Delaware give an agent no authority to act until the agent signs an acknowledgment or certification attached to the POA (20 Pa.C.S. 5601(d); 12 Del. C. 49A-105(c)).

Once you accept, you are a fiduciary.

Three duties apply whatever the POA says (Section 114(a)). You must "act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest"; "act in good faith"; and "act only within the scope of authority granted in the power of attorney."

Others apply "except as otherwise provided in the power of attorney" (Section 114(b)). They include acting loyally for your parent's benefit, avoiding conflicts of interest, acting "with the care, competence, and diligence ordinarily exercised by agents in similar circumstances," keeping "a record of all receipts, disbursements, and transactions made on behalf of the principal," cooperating with your parent's health care decision maker, and trying to preserve your parent's estate plan. California holds an attorney-in-fact to "the standard of care that would be observed by a prudent person dealing with property of another" (Prob. Code 4231(a)).

Benefiting along the way is not automatically a breach. "An agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest" (Section 114(d)).

The Consumer Financial Protection Bureau's guide for agents, which uses an example principal named Martina, puts the duties in four steps: "1. Act only in Martina's best interest. 2. Manage Martina's money and property carefully. 3. Keep Martina's money and property separate from yours. 4. Keep good records." Its practical rules include "Pay Martina's expenses from her funds, not yours," and "Never mix Martina's money or property with your own or someone else's."

Records requests. You generally do not have to report to anyone. But if your parent, a guardian or conservator, another fiduciary, "a governmental agency having authority to protect the welfare of the principal," or, after death, the personal representative asks, you must disclose receipts, disbursements and transactions within 30 days, or within 30 more days if you explain in writing why you need more time (Section 114(h)). Good records make that easy.

Gifts, Paying Yourself and Self-Dealing

Gifts are a common source of family disputes and legal risk. A general grant of authority does not let an agent give the parent's money away.

Express grant required. Under the uniform act, an agent may "create, amend, revoke, or terminate an inter vivos trust," "make a gift," "create or change rights of survivorship," or "create or change a beneficiary designation" only if the POA "expressly grants the agent the authority" (Section 201(a)). States have their own versions. California requires an express grant to create or change a trust, make or revoke a gift, or change survivorship interests (Prob. Code 4264). Florida goes further: those powers exist only if "the principal signed or initialed next to each specific enumeration of the authority" (Fla. Stat. 709.2202(1)).

Adult children are treated differently on self-benefit. The uniform act's default bar on an agent creating an interest in the principal's property for the agent applies only to an agent "that is not an ancestor, spouse, or descendant of the principal" (Section 201(b)). So a child-agent is not caught by that particular bar, but is still bound by the express-grant rule, the fiduciary duties and the gift limits below. The act's comment observes that broad gift and estate-planning authority "may be appropriate for a spouse-agent, but not for an adult child who is named as the successor agent."

The gift cap. Even where a POA grants general gift authority, unless it says otherwise the agent may give each recipient no more than "the annual dollar limits of the federal gift tax exclusion" (Section 217(b)). Any gift must be one the agent "determines is consistent with the principal's objectives if actually known by the agent" and otherwise with the principal's best interest, considering factors that include eligibility for a benefit or assistance program and "the principal's personal history of making or joining in making gifts" (Section 217(c)).

Medicaid. Gifts can cost your parent long-term care coverage. Under federal Medicaid law, if an institutionalized individual "disposes of assets for less than fair market value on or after the look-back date," the individual is ineligible for the affected services for a computed period; for transfers made on or after February 8, 2006, the look-back date is 60 months before the relevant date (42 U.S.C. 1396p(c)(1)). The statute has exceptions that this page does not cover, so consider getting advice before any transfer.

The CFPB's guide is blunt: "Don't borrow, loan, or give Martina's money to yourself or others. Even if the power of attorney or state law clearly allows gifts to you or others, be very careful to avoid conflicts of interest."

Agencies That Use Their Own Appointment

A state-law power of attorney does not settle how every agency deals with you. Several use their own process, so plan to contact each one your parent deals with.

Social Security. Federal law lets Social Security pay benefits to a "representative payee": "if the Commissioner of Social Security determines that the interest of any individual under this subchapter would be served thereby, certification of payment of such individual's benefit under this subchapter may be made, regardless of the legal competency or incompetency of the individual, ... to another individual, or an organization" (42 U.S.C. 405(j)(1)(A)). An adult beneficiary may also, at any time, designate one or more people to serve as representative payee in the event one is needed (405(j)(1)(C)(i)).

Social Security's regulations say that "generally, we appoint a representative payee if we have determined that the beneficiary is not able to manage or direct the management of benefit payments in his or her interest," and that "every beneficiary has the right to manage his or her own benefits" (20 CFR 404.2001). Among the people SSA prefers as payee is "a legal guardian, spouse (or other relative) who has custody of the beneficiary or who demonstrates strong concern for the personal welfare of the beneficiary" (404.2021(a)). A payee must use the benefits only for the beneficiary and "keep any benefits received on your behalf separate from his or her own funds" (404.2035).

Veterans benefits. "Upon determining a beneficiary is unable to manage their financial affairs, VA will appoint a fiduciary. The fiduciary, normally chosen by the beneficiary, must undergo an investigation of their suitability to serve." VA makes that determination only "after receipt of medical documentation or if a court of competent jurisdiction has already made the determination" (VA Fiduciary Program).

Taxes. "Use Form 2848 to authorize an individual to represent you before the IRS," and "the individual you authorize must be eligible to practice before the IRS." The IRS "will accept a power of attorney other than Form 2848 provided the document satisfies the requirements for a power of attorney," but such documents "cannot, however, be recorded on the CAF unless you attach a completed Form 2848" (IRS Instructions for Form 2848). An IRS bulletin for tax professionals (Issue 2026-15, May 19, 2026) says a durable power of attorney "can be used to overcome a legally incompetent taxpayer's inability to complete a Form 2848," with the agent signing the form on the taxpayer's behalf, provided the POA's scope reaches federal tax matters.

Medicare. Medicare uses Form CMS-1696 to appoint a representative for a claim, appeal or grievance. The form says an appointment "is considered valid for one year from the date this form is signed by both the person appointing a representative and the appointed representative."

Medicaid. Medicaid works differently. A state Medicaid agency must let applicants and beneficiaries designate an authorized representative, and "authority for an individual or entity to act on behalf of an applicant or beneficiary accorded under state law, including but not limited to, a court order establishing legal guardianship or a power of attorney, must be treated as a written designation by the applicant or beneficiary of authorized representation" (42 CFR 435.923(a)(2)). The representative is responsible for "fulfilling all responsibilities encompassed within the scope of the authorized representation" (435.923(d)(1)).

Warning Signs of Power of Attorney Abuse

A power of attorney can also be misused. The Justice Department's Elder Justice Initiative explains: "An agent abuses the power of attorney when they take your money or things for themself, not for you. For example, an agent might take out your money from a bank, sell stock, or change the name on the deed to your house." It also warns that a nursing home employee might "convince you to sign a document such as a power of attorney or to make them a joint owner of your bank account."

The CFPB's guide lists signs that someone may be exploiting an older person. Among them, the person:

• "Takes out lots of money from the bank without explanation";
• "Puts names on bank or other accounts that you do not recognize or that she is unwilling or unable to explain";
• "Does not get bank statements or bills";
• "Makes new or unusual gifts to family or others, such as a 'new best friend'";
• "Changes beneficiaries of a will, life insurance, or retirement funds"; or
• "Has a caregiver, friend, or relative who suddenly begins handling her money."

Other warning signs it lists: "You think some money or property is missing," the person "says she is afraid or seems afraid of a relative, caregiver, or friend," or someone "keeps Martina from having visitors or phone calls, does not let her speak for herself, or seems to be controlling her decisions."

What to do. The CFPB's steps: "Call the emergency 911 number if Martina is in immediate danger. Call local adult protective services or the police or sheriff. You may be required by law to do this. Alert Martina's bank or credit card company. Call the local prosecutor or state attorney general." Its list also includes the long-term care ombudsman program. To find Adult Protective Services, the Justice Department points to the Eldercare Locator at 1-800-677-1116, which describes itself as "a public service of the Administration for Community Living."

Siblings and other relatives can go to court. Under the uniform act, the people who may ask a court to construe a POA or review the agent's conduct include "the principal's spouse, parent, or descendant," a presumptive heir, the principal's caregiver or another person "that demonstrates sufficient interest in the principal's welfare," and a government agency with authority to protect the principal (Section 116(a)). A report to Adult Protective Services can also be a ground for a bank to refuse a POA: the act lets a person refuse an acknowledged POA if it makes, or knows another person has made, a report "stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent" (Section 120(b)(6)). Your parent's state page covers the state's own financial exploitation laws.

If Your Parent Can No Longer Sign

Once a parent lacks the capacity to sign, a power of attorney generally cannot be created. The usual route is a court guardianship or conservatorship, in which a judge decides whether one is needed and whom to appoint; our guardianship guide explains the process by state.

If your parent signed a durable POA earlier, a later court appointment does not automatically erase it. Under the uniform act, if a court appoints a conservator or guardian of the estate, "the agent is accountable to the fiduciary as well as to the principal," and in states that adopted the bracketed text, "the power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court" (Section 108(b)). In Washington, a guardian "does not have the power to revoke or amend a power of attorney for health care or power of attorney for finances executed by the adult," though the court can (RCW 11.130.335(1)). In Pennsylvania, the court decides how far a health care agent's authority remains in effect (20 Pa.C.S. 5460(a)).

If Your Parent Changes Their Mind, and What Happens at Death

A parent who still has capacity can revoke the POA or replace you as agent. Our guide on how to revoke a power of attorney covers the steps and the notice third parties need, including questions about revoking when capacity is in doubt.

Your authority ends when your parent dies. From then on, the estate is handled by the personal representative through probate, not by the former agent; our page on whether a power of attorney ends at death covers what changes when the principal dies.

A Checklist for Families

1. Talk early, while your parent can take part fully. Ask what they want and whom they trust.
2. Look up your parent's state rule for signing, witnesses, durability and any required notices on the state page.
3. Prepare a durable financial POA and a health care POA, and consider whether your parent also wants a will or trust reviewed.
4. Decide on one agent and successors, or co-agents with clear terms, and whether the agent will be paid.
5. Decide on gift authority deliberately. Without an express grant the agent generally cannot make gifts, and with one, Medicaid rules still apply.
6. Sign correctly, with the notary or witnesses your parent's state requires, and keep the original safe.
7. Give copies to banks and other institutions before they are needed, and contact Social Security, the VA, the IRS and Medicare about their own forms if your parent uses them.
8. Keep records of every transaction from day one, and keep your parent's money separate from yours.

Power of Attorney Rules in the States Named on This Page

• Utah, California, New York, Ohio, Arizona, Florida, Virginia, Delaware, Washington and Pennsylvania.
• For every other state, use the all-states table in the national guide linked at the top of this page.

Where to Get Help

• Suspected abuse or exploitation: call 911 if your parent is in immediate danger. Otherwise, contact Adult Protective Services through the Eldercare Locator at 1-800-677-1116, or the police or sheriff.
• A parent in a nursing home or assisted living: the CFPB guide lists the long-term care ombudsman program among the places to call.
• A dispute over an agent's conduct: the court in your parent's county that handles estates and guardianships can tell you how to file a petition; its clerk or self-help center can explain the forms.
• Legal help: your state bar's lawyer referral service can connect you with a lawyer who handles elder law or estate planning, and legal aid organizations help people with low incomes.

Legal information, not legal advice. This page summarizes the Uniform Power of Attorney Act, the state laws named above and federal agency rules as our research read them in November 2026. Laws change, and the right documents depend on your parent's situation and state. Before your parent signs a power of attorney, or before you act under one, consider talking with a lawyer licensed in your parent's state.

Frequently Asked Questions

How do I get power of attorney for my elderly parent?

Your parent has to make it. Your parent, as the principal, signs a power of attorney naming you as agent, following the signing rule in your parent's state, and generally must have the mental capacity to understand the document when signing. An adult child cannot create one alone.

Can a parent with dementia sign a power of attorney?

Sometimes. A diagnosis alone does not answer the question; what matters is whether the parent can understand the document at the time of signing, under the state's standard. The National Institute on Aging says people with early-stage dementia can often understand many aspects of legal decision-making, so consider acting soon after a diagnosis.

What if my parent can no longer sign?

Once a parent lacks the capacity to sign, a power of attorney generally can no longer be created. The usual route is a court guardianship or conservatorship, in which a judge decides whether one is needed and whom to appoint.

Can I sign the power of attorney for my parent?

Not on your own. Under the uniform act, the principal signs, or another person signs in the principal's conscious presence at the principal's direction. New York bars a person named as agent or successor agent from signing for the principal.

Do I need both a financial and a medical power of attorney for my parent?

Usually it makes sense to have both. A financial POA covers money and property, while medical decisions are made under a separate health care power of attorney with its own state signing rule. The uniform financial form says it does not authorize health care decisions.

Should all of my siblings be co-agents?

It is your parent's choice. Under the uniform act, co-agents may each act alone unless the POA says otherwise, and the act's comment calls naming one agent plus successor agents the more prudent practice, because co-agents of an incapacitated principal may vie for control.

Can I pay myself as my parent's agent?

Under the uniform act, unless the POA says otherwise, an agent is entitled to reimbursement of reasonable expenses and to compensation that is reasonable under the circumstances. Keep records of any payment, and keep your parent's money separate from yours.

Can I give myself gifts from my parent's money?

Only if the POA expressly grants gift authority, and even then, under the uniform act, general gift authority is limited per recipient to the federal annual gift tax exclusion unless the POA says otherwise, and gifts must fit your parent's known objectives. Gifts can also affect your parent's Medicaid eligibility.

Can I use the power of attorney for my parent's Social Security?

Social Security has its own representative payee process: it can pay a beneficiary's benefits to a payee it appoints, regardless of the beneficiary's legal competency, and an adult beneficiary can designate a payee in advance. Ask Social Security about becoming your parent's representative payee.

What are signs that someone is abusing a power of attorney?

The CFPB lists signs such as large unexplained withdrawals, unfamiliar names on accounts, missing bank statements, new or unusual gifts, changed beneficiaries, and a caregiver or relative who suddenly begins handling the person's money. Report suspected exploitation to Adult Protective Services or the police.

Can a sibling challenge the agent?

Under the uniform act, the principal's descendants, presumptive heirs, caregivers and others with sufficient interest in the principal's welfare can ask a court to review the agent's conduct. The court in the parent's county that handles estates and guardianships is a common place to start.

Do I need a lawyer to set up a power of attorney for my parent?

It depends on the situation. NIA says there are good reasons to retain a lawyer for advance planning documents, especially when capacity may be questioned or family members disagree.