Power of attorney for an elderly parent: where to start
Setting up an EPA for an elderly parent is an act of care. Here's how to approach the conversation and the process.
An EPA for an elderly parent should be executed while the parent still has capacity – which means starting the conversation earlier rather than later. The process involves: a private conversation with the parent, agreeing on attorney selection, drafting the EPA with a solicitor, and witnessing by an authorised witness (often the solicitor).
Start the conversation early
The best time to execute an EPA is while the parent has full capacity. Once capacity is declining, capacity to execute the EPA itself becomes a question. Start the conversation before it's urgent.
Involve the parent
The parent chooses the attorney – not the other adult children. Approach the conversation as ‘your choice, we're here to help you decide’, not ‘we need you to appoint me’. Elderly parents often value autonomy more than children realise.
Multiple attorneys
For families with multiple adult children, consider appointing more than one attorney. Joint appointment requires agreement (reducing risk of one child acting alone) but can be slow. Several appointment gives each attorney independent authority (faster but requires trust between siblings).
Using a solicitor
Sam regularly helps families arrange EPAs for elderly parents. A home visit makes the conversation easier – the parent is comfortable, the family is together, and the solicitor can assess capacity and witness the document in one appointment.
Combining with ACD and will review
Most families use the EPA conversation as an opportunity to also review the parent's will and establish an advance care directive. Package pricing for wills plus EPAs plus ACDs is almost always cheaper than doing them separately.
If capacity is already borderline
A medical assessment of capacity before drafting is prudent. Sam can recommend capacity assessors for elderly clients where capacity is uncertain.
Summary
Setting up an EPA for an elderly parent is an act of care. Here's how to approach the conversation and the process.
Talk to Sam about your situation
If this article raised questions for your own circumstances, Sam Michele offers free 20-minute initial consultations. Learn more about our enduring power of attorney service, or book a consultation.
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Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.