How to get power of attorney for a parent or loved one

To get power of attorney for a parent or loved one, they need to sign a power of attorney (POA) that names you as their agent while they still have the capacity to make that choice. Signing rules vary by state. If they can no longer make decisions, a court guardianship or conservatorship is usually the remaining option.

Perhaps there’s someone in your life, like an aging parent, who won’t be able to manage their affairs someday. You can prepare for this now by helping them set up a power of attorney, so you can help them handle their affairs if they become incapable of doing so. Many families are in this position: AARP and the National Alliance for Caregiving’s Caregiving in the US 2025 report found that about 63 million Americans are family caregivers. FreeWill’s free durable financial power of attorney and advance healthcare directive tools are one way to get started.

A power of attorney (or POA) is a legal document that lets you grant another person the authority to make important decisions on your behalf. The person who writes the POA is called the principal, or sometimes the grantor, since they’re granting someone permission to act on their behalf. The person they grant permission to is called their agent or attorney-in-fact. For healthcare decisions, this person is often called a healthcare proxy.

For you to legally act on someone else’s behalf, they must create a power of attorney and name you as their agent. For their POA to be valid, they must grant you this power of their own free will. It’s up to them who they name as their agent, and how much power they give the agent. If they’re pressured or coerced into these decisions, the POA can be challenged in court.

The grantor must also be of sound mind, meaning they can make important decisions and understand their impact. Because of this, it’s a good idea to help someone make their POA while they’re healthy and competent.

Once someone can no longer understand what a POA does, for example because of advanced dementia, they generally can’t sign one. Instead, a family member can ask a court to appoint a guardian or conservator (the term varies by state). Someone in the early stages of dementia may still be able to sign a POA, which is a question for their doctor and an attorney.

6 steps to get power of attorney for a parent or loved one

Here are the basic steps to help a parent or loved one make their power of attorney, and name you as their agent:

1. Help the grantor decide which type of POA to create

There are different kinds of POAs, and each one covers a certain aspect of the grantor’s life. Two common types are medical POAs, which let the agent make healthcare decisions for the grantor, and financial POAs, which give the agent control over financial and real estate decisions.

2. Decide on a durable or non-durable POA

A non-durable POA generally ends if the grantor becomes incapacitated. This could happen if they fell into a coma, or suffered from a degenerative disease like dementia. A durable POA keeps working even if they’re incapacitated. Under the Uniform Power of Attorney Act, which a number of states have adopted in some form, a POA is durable unless it says otherwise. Other states, such as Florida, require the document to say that it isn’t ended by the grantor’s incapacity, so it’s worth checking the rules where the grantor lives. Durable POAs are used for estate-planning purposes, to plan for a time the grantor might not be able to handle their own affairs.

3. Discuss what authority the grantor wants to give the agent

Once the grantor decides on a type of POA, they need to choose which responsibilities to give their agent. POAs can cover a wide range of decisions or be very focused, depending on what the grantor wants. It's a good idea to discuss these topics with the grantor. This will give you a clear idea of their wishes, so you can make decisions with confidence. Here are a couple of questions you can ask to spark discussion:

• What financial and medical decisions do you want me to make on your behalf?
• If you were in the hospital, how would you want me to pay your healthcare bills?
• Would you want to try risky or expensive medical procedures?
• Would you ever want to be on life support?
• How do you want me to maintain your real estate property, like your home, while you’re away?
• Do you want me to manage your investment accounts?

4. Get the correct power of attorney form

Many states publish a free statutory POA form, which the grantor can fill out and sign. Your grantor can also use free online software, like FreeWill, to create a durable financial power of attorney, or an advance healthcare directive (which can include a healthcare power of attorney and a living will).

5. Have the grantor complete the form, and sign and witness it according to the laws in their state

Signing rules vary by state. Some states require a notary, some require witnesses, and some require both. For example, for a financial POA, Florida requires two witnesses and a notary, while California accepts either a notary or two witnesses. It’s a good idea for the grantor to check the signing rules in the state where they live. Some states, including New York and Illinois, don’t allow the person named as agent to witness the POA, since it’s a conflict of interest.

Notaries are available in many locations, including banks, libraries, and even your local print shop. You can call your location of choice to check the hours their notary is on duty, and either schedule an appointment or walk in.

6. Have the grantor store their POA forms in a safe place, and give a copy to interested parties

As the agent, it’s a good idea to keep a copy of the POA in a safe place. If you ever need to exercise your power as an agent, the POA is proof that you have the authority to act on behalf of the grantor. The grantor may also want to give a copy to interested third parties, like their bank and hospital.

Many people create a POA without the help of a lawyer. Depending on their situation, the grantor may want to consult with one to make sure their POA covers all their needs. Laws about executing POAs can vary from state to state.

How to use a power of attorney to manage someone’s affairs

When your authority as an agent goes into effect will depend on the POA. Many POAs take effect as soon as they’re signed, and a durable financial power of attorney made with FreeWill is effective immediately. Others, called springing POAs, take effect later. For example, the POA might state your authority begins when the grantor is declared incapacitated by a doctor. The moment this happens, you’re able to start exercising your authority. Not every state allows springing POAs. Florida, for example, generally doesn’t allow new ones.

When you need to make decisions for the grantor, provide the POA document to prove you have authority. For example, if you need to make a withdrawal from the grantor’s bank account, you’d show the bank a copy of the POA. Banks often review the document first, and some have their own forms or review process. The Consumer Financial Protection Bureau’s guide for agents explains an agent’s duties, such as acting in the grantor’s best interest, keeping their money separate from yours, and keeping good records.

Even if the grantor gave you broad authority over their affairs, there are certain things you can’t do, even with a POA. For example, you:

• Can’t make changes to the grantor’s last will and testament
• Can’t vote on the grantor’s behalf
• Can’t enter into a marriage on the grantor’s behalf
• Can’t act against the grantor’s best interests

In many states, an agent can make gifts, change beneficiaries, or create or change a trust only if the POA specifically gives that power. Florida, for example, requires the grantor to sign or initial next to each of these powers. The CFPB’s guide for agents suggests getting legal advice before changing someone’s plans for their property after death.

All types of POAs, even durable POAs, end when the grantor passes away and no longer have any legal authority. This means your authority as an agent also ends. From then on, the executor of their estate handles their affairs. If someone in your life wants to make a plan for their property after they die, they may want to consider making a last will and testament or a living trust.

Frequently asked questions

Can you get power of attorney without your parent’s consent?

No. A power of attorney only exists if the person signs it themselves, by their own choice, while they have the capacity to understand it. A family member can’t create one on someone else’s behalf. If a parent can no longer make decisions and has no POA, the usual option is to ask a court to appoint a guardian or conservator.

How do you get power of attorney for a parent with dementia?

A person in the early stages of dementia may still have the capacity to sign a POA, which is a question for their doctor and an attorney. If not, families generally need a court guardianship or conservatorship, and California’s court self-help site notes that a court will want to know why less restrictive options won’t work.

Do you need a lawyer to get power of attorney?

Not always. Many people make a POA without a lawyer, using their state’s statutory form or online software like FreeWill. The document still has to be signed according to the state’s rules. An estate planning attorney can be a good choice if the grantor has a complex estate, owns a business, has property in more than one state, or expects family disagreement.

How much does it cost to get power of attorney?

It can cost little or nothing. Some states, like Kansas, publish free forms, and FreeWill’s durable financial power of attorney and advance healthcare directive are free. Many states cap notary fees by law. According to the National Notary Association, the maximum fee for an in-person notarization is $10 in Florida and $15 in California as of 2026. Attorney fees vary.

Can a power of attorney have more than one agent?

Yes. Many states allow a grantor to name co-agents, who share authority, and successor agents, who step in if the first agent can’t serve. State rules differ on whether co-agents can act on their own or must act together, so the POA document usually spells this out. In Florida, for example, co-agents can act independently unless the document says otherwise.

Can a parent cancel a power of attorney?

Yes. A grantor can revoke a POA at any time as long as they can still make decisions. The Consumer Financial Protection Bureau suggests telling the banks and other businesses that have a copy. In California, for example, a POA can be changed or ended using the same procedures used to create it.

Get started with a free power of attorney

If your parent or loved one is ready to plan ahead, they can create a durable financial power of attorney and an advance healthcare directive with FreeWill for free. Then they follow the included instructions to sign the documents according to their state’s rules.