Power of Attorney: The Questions to Ask

ask before signing, not during the crisis

The power of attorney question map

A POA only works if it is signed while the parent has capacity. The five questions turn the attorney meeting from confusing into productive, and the timing question decides whether the document works at all.

1. Q1Is it durable?A durable POA survives incapacity; a non-durable one dies exactly when it is needed. This is the question that decides whether the document works in the emergency.
2. Q2Immediate or springing?Springing sounds safer but stalls on the doctor-certification step. Ask which the family can actually use when the moment arrives.
3. Q3What powers, what exclusions?Can the agent sell property, make gifts, or change beneficiaries? Gifting power matters for Medicaid planning and is often limited deliberately.
4. Q4 + Q5The backup and the recordsName a backup: the primary agent can be unavailable exactly when needed. And agree the family reviews the activity, the same second-pair-of-eyes rule as money management.

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What a power of attorney actually does

A power of attorney (POA) is a document in which the parent names someone to act on their behalf, for finances, healthcare decisions, or both. It only works if it is signed while the parent has the capacity to sign it, which is the single most important fact about the whole document: once capacity is lost, the family cannot get one signed. The legal documents guide explains where the POA sits next to the will and the healthcare proxy.

The five questions to ask the attorney

1. Is it durable, and does it survive incapacity? A durable POA stays in effect if the parent becomes incapacitated; a non-durable one does not. This is the question that decides whether the document works in the emergency.
2. Is it immediate or springing? Does the agent's authority start now, or only when a doctor certifies incapacity? Springing sounds safer but is harder to use in practice because the certification step can stall.
3. What powers are included, and what is excluded? Can the agent sell property, make gifts, change beneficiaries, or create trusts? Gifting power matters for Medicaid planning and is often limited deliberately.
4. Who is the agent, and who is the backup? The backup matters more than most families think: the primary agent can be unavailable exactly when needed.
5. What are the record-keeping duties? The agent should know the family will review the activity, the same second-pair-of-eyes rule as dementia and money.

The timing question

Sign the POA while the parent is healthy or mildly impaired, not while waiting for a crisis. The attorney will assess capacity at signing; the family that waits for the hospital bed is the family that finds out the window closed. The professional assessment is the reference for how capacity gets evaluated when the timing is in doubt.

What the family does after signing

• Store it where it can be found and tell the family and the bank: the documents checklist is the home for the copy.
• Give the bank and institutions the document now, not in the crisis; many institutions have their own forms.
• Review it every few years and whenever the agent or the parent's situation changes.

Related guides

• Legal documents explained
• Wills and trusts
• Dementia and money: protecting the finances

Sources & verification

This page is checked against the standards in our editorial policy. Reviewed August 2026:

• National Institute on Aging: Legal and Financial Planning (retrieved August 2026)
• US Administration for Community Living: Eldercare Locator (retrieved August 2026; for elder-law referrals)

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