How Do I Get Power Of Attorney For My Mom

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How to Obtain Power of Attorney for Your Mom

Witnessing a loved one’s cognitive abilities decline can be an emotionally challenging experience. As they age, our parents may lose the capacity to make informed decisions regarding their health, finances, and well-being. In such circumstances, it becomes imperative to consider obtaining power of attorney to ensure their best interests are protected.

Power of attorney is a legal document that authorizes an individual, known as the agent or attorney-in-fact, to act on behalf of another person, the principal. When granted power of attorney for your mom, you assume the responsibility of making decisions on her behalf within the scope of authority specified in the document.

Understanding the Different Types of Power of Attorney

There are various types of power of attorney, each with its distinct purpose. It is crucial to understand these distinctions to choose the most appropriate option for your mother’s situation:

Durable Power of Attorney: This type of power of attorney remains effective even if the principal becomes incapacitated. It is commonly used for long-term decision-making, such as handling finances or managing healthcare.

Springing Power of Attorney: Also known as a power of attorney with a springing condition, this document only becomes effective when the principal meets a specific condition, such as becoming incapacitated or unable to make decisions самостоятельно.

Limited Power of Attorney: This type of power of attorney grants limited authority to the agent. It is often used for specific tasks, such as managing a particular financial account or selling a specific property.

Steps to Obtain Power of Attorney for Your Mom

Obtaining power of attorney involves a detailed process. Here are the necessary steps:

  1. Discuss with Your Mom: Discuss your intentions with your mom and ensure she understands the implications of granting power of attorney. Obtain her consent and ensure she is mentally competent to make this decision.
  2. Consult an Attorney: Hiring an attorney specializing in elder law can provide guidance on the appropriate type of power of attorney and assist in drafting the document.
  3. Execute the Document: The power of attorney document must be signed by both the principal and the agent. It is essential that both parties understand and agree to the terms.
  4. Notarization: The document must be notarized by a notary public, who verifies the identities of the principal and the agent and witnesses their signatures.
  5. Recording (Optional): Some states require power of attorney documents to be filed with the county recorder’s office to become effective.

Tips and Expert Advice

To ensure a smooth process, consider the following tips and expert advice:

Choose a Trustworthy Agent: Select someone you trust implicitly and who is capable of making sound decisions on your mom’s behalf.

Communicate Openly: Regularly communicate with your mom and the agent to keep everyone informed and avoid misunderstandings.

Review the Document Regularly: Power of attorney documents can be amended or revoked at any time. It is advisable to review the document periodically to ensure it continues to meet your mom’s needs and wishes.


  1. Q: Can I be the agent for my mom’s power of attorney if I am her child?

    A: Yes, you can be the agent for your mom’s power of attorney if she chooses to appoint you.

  2. Q: What happens if my mom becomes incapacitated?

    A: If your mom becomes incapacitated and has a durable power of attorney in place, you can immediately assume the role of agent and make decisions on her behalf.

  3. Q: Can I use power of attorney to make medical decisions for my mom?

    A: Yes, but only if the power of attorney document specifically grants you authority to do so. It is important to discuss this with your mom and the attorney when drafting the document.


Obtaining power of attorney for your mom can be an important step in ensuring her well-being. By following the steps outlined above and considering the tips provided, you can navigate the process smoothly and empower yourself to advocate for your mom’s best interests.

Are you interested in learning more about power of attorney and related topics? Explore our blog for additional insights and resources.

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