Question 1

Can I help my elderly parent prepare a continuing POA?

Accepted Answer

Yes — and the sooner the better. An adult child can help arrange the appointment, accompany the parent, and assist with paperwork — but the parent must sign the document themselves with sufficient capacity. The lawyer will meet directly with the parent to verify understanding and genuine consent. Your role is to facilitate, not to substitute for your parent's own decision.

Question 2

What if my parent has mild dementia — can they still sign a continuing POA?

Accepted Answer

A continuing POA can be signed by someone with mild cognitive impairment, provided they understand the nature of what they are signing at the time of the appointment — what authority they are granting, to whom, and the consequences. The certifying lawyer assesses capacity at that moment. In borderline cases, a medical capacity assessment from a geriatrician or psychiatrist may be arranged in advance.

Question 3

My parent is deteriorating rapidly — is it too late?

Accepted Answer

It depends on their current capacity. If there is any remaining capacity — even intermittent lucid periods — an urgent appointment can often be arranged within days. Adv. Elmaliach handles urgent cases where time is critical, coordinating same-week or even same-day appointments where capacity may be limited. Contact us immediately — do not assume it is too late without checking.

Question 4

What if my parent has already lost capacity?

Accepted Answer

Once mental capacity is lost, a continuing POA can no longer be prepared. The only route is court-appointed guardianship, which requires a formal application to the Family Affairs Court, a capacity assessment, and ongoing court supervision. Adv. Elmaliach handles guardianship applications for families in this situation.

Question 5

Who should be named as attorney-in-fact for an elderly person?

Accepted Answer

The most common choices are a trusted adult child, a spouse (if capable), or a sibling. The attorney-in-fact should be someone who: is trustworthy and honest; understands the elderly person's wishes; is capable of managing financial and personal affairs; and is geographically accessible. Multiple attorneys can be named — either jointly (both must sign) or severally (either can act independently).

Question 6

What can the attorney-in-fact do under a continuing POA for an elderly person?

Accepted Answer

The scope of authority is defined in the document. Typically it includes: managing bank accounts and investments, paying bills, selling property if needed for care, making medical decisions (personal mandate), and dealing with government agencies and care facilities. The grantor can also include personal wishes about care preferences, medical treatment, and end-of-life decisions.

Continuing POA for Elderly Parents & Relatives

Act Before It Is Too Late

Frequently Asked Questions

Urgent — Elderly Parent Needs a POA?