POA & Guardianship Articles

• Can someone who has POA draw money out of bank accounts after the person dies?
  When "principal" (the person signing the the power of attorney) dies, the POA terminates. To draw money from the account, you must have a different type of legal authority. .
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• How to Get Guardianship of an Elderly Parent
  If an elderly parent did not make a durable power of attorney and is now unable to make decisions, it may be up to you to become his or her guardian.
  Steps to become a parent's guardian »
• What are "Advance Care Directives?"
  An advance care directive is one of the most important legal documents that anyone can make to ensure that their preferences regarding healthcare are carried out in the event that they are no longer able to make decisions for themselves.
  Why everyone needs this document »
• The Difference Between a POA, Durable POA and Living Will
  Living wills, DNRs, durable power of attorney for healthcare and for finances, wills, and living trusts are all very important legal documents that everyone should have before disaster strikes.
  Learn what each legal document does »
• What is Durable Power of Attorney?
  A durable power of attorney is one of the most important legal documents your parent can prepare.
  Find out why a POA is critical to have »
• Dad has Alzheimer's. Is it too late for him to name a power of attorney?
  If your father's Alzheimer's disease has progressed to the point that he is unable to understand the concept of giving you the right to make his financial decisions, it is too late for him to sign a Power of Attorney (POA).
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• How much does a power of attorney cost?
  Getting a durable power of attorney (DPOA or POA) sometimes costs nothing and can be done for free.
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• Can a caregiver get temporary guardianship over an elder?
  If your mother is no longer able to provide care for your father and he is not competent to sign a durable power of attorney, petition the court to appoint a legal guardian and conservator.
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• I don't want to be POA for my abusive mom. Can I turn it over to my sibling?
  You can only pass a POA of an elderly parent to a sibling, if there is an authority in the Power of Attorney for the agent (the person given powers under a POA) to delegate powers to another person.
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• How do you convince a sick elder that they need to get their legal affairs in order?
  Many people, like your elderly aunt, are afraid to deal with wills, powers of attorney, etc. because they think it makes it more likely that something bad will happen to them.
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• Healthcare Directives: Do Parents Want To Be On Life Support?
  If your elderly parents do not wish to be kept alive by life support should something happen to them, then they need to spell out their wishes in their health care directives. They also need to make sure someone advocates for them if the time comes.
  Honor a dying loved one's wishes »
• Avoid the #1 Mistake Elders Make with Healthcare Directives
  Take a look at your loved one's healthcare directives. Think they're pretty solid? They could be, but there could be something in them that could cause a lot of grief down the road.
  Directives should leave no doubt »
• Can a caregiver take legal action to get a parent's POA changed?
  Most power of attorney (POA) documents have an alternate or "successor" power of attorney who is appointed to serve in the place of the originally appointed one, in case he/she can't serve or...
  Read Carolyn's full answer »
• What Is a Do Not Resuscitate (DNR) Order and how does it work?
  A Do Not Resuscitate Order is a legally binding physician’s order for a patient, that no steps will be taken to restart a person’s heart when it stops or to get a person breathing again.
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• What does a legal guardian do?
  The term “legal guardian” has different meanings in different states. Guardianship (or conservatorship) covers an elderly ‘s money, safety and/or welfare.
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• What are healthcare directives?
  A document your elderly parent signs, giving someone else the authority to make health and medical decisions if your parent is unable to speak or make decisions.
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• Planning Ahead for Mom and Dad's Elderly Care
  One of the most overlooked things seniors and their families can do is plan for the future. It can eliminate heartache when something as simple as power of attorney and advance directives are in place.
  Take steps now to plan for the future »
• How to Get Power of Attorney Ready Before Aging Parents Get Sick
  Establishing durable power of attorney before your parent needs it is an excellent idea. This tragic story proves why it's important to discuss this with your parent now.
  A POA should be competent and reliable »
• Can mom gift money to her grandkids so Medicare won't take it to pay for her nursing home?
  This is a difficult dilemma, and one that many families are facing. The dilemma can often be avoided or mitigated with advance planning, but that doesn’t help in your case.
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• Long-Distance Caregiving: Planning for Your Parents' Future
  Planning ahead is one of the most powerful, yet most often overlooked things that you and your parents can do to ensure that you know how to respond to any health crisis that emerges as they age.
  Put your plan in place and be prepared »