Question 1

Can I get power of attorney for a parent with dementia?

Accepted Answer

Only if they still have enough capacity to understand and sign. If not, you may need a court guardianship. Talk to an elder law attorney.

Question 2

Does a power of attorney let the agent do anything?

Accepted Answer

Only what the document allows, and always in the person’s best interest. Some powers, like making gifts, must be granted specifically.

Question 3

What is the difference between a durable and a regular power of attorney?

Accepted Answer

A durable POA keeps working if the person can no longer make decisions. A non-durable one ends if they lose capacity, which is when it’s often needed most.

Question 4

Does a power of attorney need to be notarized?

Accepted Answer

Many states require notarization for financial powers of attorney, and witnesses for health care ones. Follow your state’s rules.

Question 5

What is guardianship?

Accepted Answer

A court process that appoints someone to make decisions for a person who can’t. It’s usually slower and costlier than a power of attorney signed in advance.

Question 6

Can a bank refuse a power of attorney?

Accepted Answer

Sometimes banks ask to review it or use their own form. Some states limit refusals. Share it early and ask what they need.

Question 7

Can I revoke a power of attorney?

Accepted Answer

Yes, while you have capacity, by signing a revocation and telling your agent and anyone who has a copy.

Question 8

What happens to a power of attorney when the person dies?

Accepted Answer

It ends. The executor named in the will, or an administrator appointed by the court, handles the estate.

Common questions: Power of attorney