Protecting your mother's interests is a major priority. If your mother faces health issues or requires assistance with managing financial matters, discuss a power of attorney with her. Your mother can create a financial power of attorney or a medical power of attorney. Rules governing powers of attorney are matters of state law. Familiarize yourself with the requirements in your state.
Select the type of power of attorney you believe your mother requires.
Obtain an appropriate power of attorney form. Banks and other financial institutions maintain financial power of attorney forms. Hospitals, doctor's offices and other medical centers provide consumers with health care power of attorney forms.
Designate an agent to act on your mother's behalf on the power of attorney form. The agent is the person who acts on your mother's behalf.
Sign the power of attorney. Depending on the laws of your state, your mother signs the power of attorney in front of a notary public or witnesses (or both, depending on the law in your jurisdiction).
Deliver the original power of attorney form to the individual named as the agent in the document.
- If your mother names you as her agent in the power of attorney, do not sign off on the instrument as a witness. Serving both as the agent and a witness is a legal conflict.
- Your mother may require a financial and a health care power of attorney. She cannot combine financial and medical authority in one instrument. If she needs both types of assistance, she must execute two separate powers of attorney. She can name the same person as the agent in both.
- ExpertLaw: Power of Attorney
- "Powers of Attorney Simplified"; Dan Sitarz; 2007
- smiling grandmother image by robert mobley from Fotolia.com