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“I Need a Power of Attorney for My Mom.” It’s Not That Simple.

One of the most common calls an estate planning law firm receives begins with a simple request:

“I need a Power of Attorney for my mom.”

While that may sound straightforward, it actually raises several important legal questions. The answers determine whether a Power of Attorney is still an available option—or whether a different legal process may be necessary. Understanding this distinction can save families significant stress, time, and expense.

Why We Ask So Many Questions

When someone contacts our office about obtaining a Power of Attorney for a parent, our intake team will ask a series of questions before scheduling the next step.

For example:

• Will your parent be participating in the process?
• Has your parent been diagnosed with dementia or another condition affecting memory or decision-making?
• Is your parent still able to understand what a Power of Attorney is and the authority they are giving to another person?

These questions are not meant to make the process more difficult. They are essential because a Power of Attorney is only valid if the person creating it has the legal capacity to do so.

A Power of Attorney Must Be Created by Your Parent

One of the biggest misconceptions about Powers of Attorney is that an adult child can simply obtain one on behalf of a parent.

Legally, that is not how it works.

A Power of Attorney is a legal document your parent creates and signs while they still have the mental capacity to understand what they are signing and the consequences of that decision. It allows them to appoint someone they trust to handle financial, legal, or other matters if they become unable to manage those responsibilities themselves.

Because it is based on your parent’s wishes and legal authority, no one else can create it for them.

When Capacity Has Already Been Lost

If your parent has already lost the ability to understand the nature and effect of signing a Power of Attorney, it may no longer be a legally available option.

In those situations, families may need to pursue a court-appointed guardianship. Guardianship can provide important protections, but it is generally a more time-consuming, more expensive, and more involved legal process than executing a Power of Attorney before incapacity occurs.

This is one of the many reasons estate planning attorneys encourage families to begin planning early—before a medical crisis or cognitive decline limits the available options.

Don’t Wait Until It’s Too Late

Conversations about aging parents can be uncomfortable, but delaying them can make an already difficult situation even more challenging.

If you’ve begun noticing changes in your mother’s or father’s memory, judgment, or ability to manage finances, now is the time to start asking questions—not after an emergency occurs.

Planning ahead gives your loved one the opportunity to make their own decisions while they still can. It also provides clarity and peace of mind for the entire family.

At the Law Offices of Elsa W. Smith, we are committed to helping women and families navigate estate planning with compassion, clarity, and confidence. Whether your parent is ready to create a Power of Attorney or your family needs help understanding what options remain available, our team is here to guide you through the process.

If you live in Maryland or Washington, D.C., we invite you to schedule a complimentary 15-minute assessment call with a member of our team. Together, we’ll help you determine where your family is in the planning process and discuss the next steps that may be appropriate for your unique circumstances.

Information in this article is provided for educational purposes only and not intended to constitute legal advice. Please consult with a licensed attorney in your jurisdiction for help with your specific situation.

For assistance with Maryland and D.C. Estate Planning matters, contact the

Law Offices of Elsa W. Smith, LLC

at 410-995-7719