4 Myths about Powers of Attorney

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A power of attorney (POA) allows one person to act for another, such as when a senior loved one is unable to act on his or her own behalf regarding legal and financial matters. However, people aren’t always aware of their rights and responsibilities under a power of attorney and may have some misperceptions. Here are some common misconceptions about powers of attorney and how to prevent issues for your loved one and your family in case of an emergency. 


1. Anyone Can Create a Power of Attorney at Any Time

It’s not legal to have your loved one give you permission to handle his or her affairs if he or she doesn’t understand what’s going on. If you didn’t create a power of attorney before your loved one became incompetent, your only other option would be a guardianship or conservatorship proceeding in court, which can be costly and time-consuming. 


2. A Power of Attorney Means Giving Up All Control 

When your loved one signs a power of attorney, it can be written in a way that it doesn’t become effective at the time it’s signed and notarized. There will be a provision stating the power of attorney becomes effective when a physician’s statement is submitted detailing why your loved one isn’t competent to make his or her own decisions. This allows your loved one to remain in charge as long as he or she is physically and mentally capable of making decisions.

Creating a power of attorney becomes important when an aging parent has been diagnosed with a serious health condition. If your senior loved one has been diagnosed with a serious condition and needs help with tasks like meal prep, transportation, bathing, and grooming, reach out to Assisting Hands Home Care, a leading provider of home care Orlando families can trust. We also offer comprehensive care for seniors with dementia, Alzheimer’s, and Parkinson’s.


3. A POA Can Be Created Using Online Templates & Documents

A power of attorney should represent the specifics that apply to your loved one and your family. It’s not a good idea to use a power of attorney template from the internet. A document or template from the internet may: 

  • Lack important information and authority
  • Be outdated
  • Be irrelevant to your situation

Creating a power of attorney for an aging parent can be a difficult task, especially if you have other important matters to tend to. Families who need help caring for senior loved ones can turn to Assisting Hands Home Care, a leading provider of senior home care. Services available in our customizable care plans include meal prep, mental and social stimulation, assistance with personal hygiene tasks, and much more.


4. There’s Only One Type of Power of Attorney

There are actually two main types of powers of attorney: a limited power of attorney and a general power of attorney. A limited power of attorney assigns less power than a general power of attorney. For example, the power of attorney may permit the sale of just one property, even though your loved one may have multiple properties. A general power of attorney typically covers all powers, including managing assets and buying or selling properties. The powers in this document are usually specific to your loved one. 

Consider taking a break from your caregiving duties to talk to a legal expert and find out all you can about the different powers of attorney. Whether your elderly loved one needs part-time assistance with basic household chores or you need a break from your caregiving duties, the Orlando respite care experts at Assisting Hands Home Care are here to help. All of our home care services are backed with a 100% satisfaction guarantee, there are no hidden fees in our contracts, and we never ask our clients to sign long-term contracts. Trust your loved one’s care to the professionals at Assisting Hands Home Care. Reach out to one of our compassionate Care Specialists today.