Is a durable power of attorney form sufficient to manage my elderly father’s financial and legal affairs?

Lexi, Chatbot

I understand that filling out a power of attorney form can be a bit overwhelming. Can you tell me if this is your first time completing such a document?

Lexi, Chatbot

Are there any specific concerns or situations regarding the durable power of attorney that you are particularly worried about?

Dan

Hello. My name is Daniel, and I’ve been a licensed attorney for over 22 years. I’m sorry you’re dealing with this situation, and I’ll do everything I can to help. Is there anything specific about the power of attorney form that you're concerned about?

Dan

It sounds like you’re doing everything you can to make sure your dad is safe and supported. That’s not easy.

Dan

Here are the main things to watch out for with online durable POA forms:

1. Proper signing requirements – Each state has strict rules. Most require notarization, witnesses, or both. If it’s not signed correctly, banks can reject it later. This is the most common problem with e-forms.

2. Durable language included – Make sure it clearly states that the power continues even if your dad becomes incapacitated. Without that wording, it could terminate if his memory declines further.

3. Broad financial powers – Check that it specifically includes:

   • Banking and bill pay

   • Real estate

   • Government benefits

   • Digital assets and online accounts

   • Ability to communicate with utilities and service providers

   Some basic forms are too limited unless boxes are specifically checked.

4. Immediate vs. springing – If it says it only becomes effective upon incapacity (“springing”), that can create delays because you may need doctor letters. Many people prefer it effective immediately, especially in situations like yours.

5. Healthcare authority – A financial durable POA does not automatically cover medical decisions. You may also need a separate healthcare power of attorney or medical proxy form.

6. Acceptance by banks – Even valid POAs sometimes get pushback. Once properly signed, consider taking a copy to his main bank now while he is clearly competent, so it’s already on file. That can prevent future stress.

Given what you described—memory issues starting but still competent—this is actually the ideal time to finalize everything properly. Once capacity is lost, you would be looking at guardianship, which is much more complicated and expensive.

Dan

You’re absolutely doing the right thing by getting this set up now.

Thank you very much for sharing your questions with me. I appreciate the opportunity to assist you and am glad you reached out. Take care.