How to Get a Power of Attorney for a Parent in California

A senior sitting and making the most of retirement after their child learned how to get a power of attorney for a parent to help them manage the finances that were holding them back from making their golden years as fulfilling as possible!As an adult, you want to do everything you can to maintain your parents’ well-being. But as your parents age, their financial and legal situation can become increasingly difficult to manage alone, or alternatively, they might simply want to take a step back from managing their finances to make the most of their retirement. Assigning a power of attorney (POA) to a professional fiduciary is a great way to reduce the burdens you and your parents carry. This legal tool grants someone else the authority to act on your parent’s behalf. But many people wonder how to get a power of attorney for a parent.

At Marcia L. Campbell CPA, we have helped countless seniors manage their finances, though we typically use a trust because it is a more flexible option. With us, you and your parents can make the most of their golden years knowing your folks and their finances are in expert, reliable hands. Here’s what to know about getting a POA:

When Do You Need a Power of Attorney?

Before getting into how to get a power of attorney for a parent, let’s get into when to get a power of attorney. 

In many cases, people elect to get a power of attorney when they suspect their parent is in a state of cognitive decline or is about to undergo a medical procedure and could potentially be unable to oversee their finances. 

But you can also use a power of attorney to help manage your parent’s finances if, for example, they are having difficulty staying on top of their bills or budgeting effectively, or they are too susceptible to financial scams.

Another great but often overlooked use of a power of attorney designation is for when your parents simply want to take a step back from their finances to travel or kick back and relax. Take, for example, a client I worked with who we will call Mr. B.

Mr. B came to me and expressed that he always had a desire to travel the world. And in retirement, he and his wife started going on cruise ships and spending up to three months at a time in different parts of the world.

But he couldn’t truly make the most of these bucket list experiences because he was always preoccupied with making sure his finances were under control back home. 

He made me his POA so he wouldn’t have to deal with any of his finances while he gallivanted around the world. I paid the bills, monitored his income, and when he came back, the POA stopped. It was a perfect set up for him. 

All Mr. B wanted was to have fun and enjoy his months-long trips without having to think about the financial responsibilities he had to take care of, and I enabled him to do that. Because, after all, isn’t that what retirement is for? 

No matter the circumstances, using a professional fiduciary with a power of attorney is the surest way to ensure their finances are taken care of. 

Related Article: How Can a Financial Power of Attorney Help Manage Your Parents’ Finances?

How to Get a Power of Attorney for a Parent in California

Getting a power of attorney for a parent requires several steps. From sitting down and having a conversation to hiring a professional, let’s get into it. Here’s how to get a power of attorney for a parent and how a professional eases the burden on your shoulders.

Related Article: Durable Power of Attorney for Management & Seniors

1. Talk to Your Parent

Your parent must be mentally competent to make their own decisions. If they are experiencing cognitive decline, learning how to set up a power of attorney ASAP is crucial. 

If you wait until they lack the mental capacity to make these decisions, they can not legally grant this power. Sit down with them, explain the different types of POA available to them, and decide together what is best for their situation.

There are several POA types available in the state of California, all of which serve different purposes. Types of power of attorney forms available in California include:

  • Durable – Also called a financial power of attorney, these POAs only remain in effect if the Principal becomes incapacitated or incompetent.
  • General (also referred to as nondurable) – General POAs are the same as durable, except the powers granted to the agent become voided if the person being represented becomes incapacitated (mentally or physically).
  • Guardianship (also referred to as parental POA) – A guardianship is a short-term guardian for one or more minor children. This covers the child(ren)’s education, health, and everyday care.
  • Limited (otherwise known as a “specific” power of attorney) – A limited POA allows a resident of the state to designate an agent to take care of a specific financial matter on their behalf. The matter can be as small as picking up a car to as big as selling or buying real estate.
  • Medical (or “Advance Directive”) – A medical POA is granted for health care decision-making when the parent may not be able to represent themselves.
  • Tax – A tax POA is used to allow someone else (mostly accountants) to handle another’s Federal and State income tax filing.
  • Vehicle (also referred to as DMV Form REG-260) – This POA permits an owner of a vehicle or vessel located in California to choose an agent to handle a transfer of ownership.

“Approach this conversation with tact. Always keep in mind how difficult it is for your parents to consider having to relinquish control and the possibility of cognitive decline. This reality is never easy to face. Reiterate that this is for their well-being and that you are only trying to look out for their best interests.”

– Marcia L. Campbell, Professional Fiduciary

Working with an attorney from the beginning is crucial to selecting the appropriate POA for your parents and their situation. 

Related Article: How Do You Talk to an Aging Parent About Finances? Pt. I

2. Gather the paperwork

Gathering paperwork is the next step when determining how to get a power of attorney for a parent. You need to find the right paperwork depending on which type of POA you and your parent decide is right for them. 

You can see the California forms we mentioned above at https://powerofattorney.com/california/. You will need to print this document and bring it to your parent to fill out.

Related Article: How to Prepare for Taking Over Elderly Parent’s Finances

3. Fill out the paperwork (DO NOT SIGN YET!)

All the forms should come with printed instructions on how to specify powers. But the basic aspect of this tool that confuses most people is who represents which power. 

If you are taking power of attorney, that makes you the “attorney-in-fact” or “agent.” (No, you do not have to be an attorney to be their power of attorney!) Still, we generally advise against taking on this responsibility unless you have bandwidth, expertise, and time.

Your parent is the “principal,” so you write their name and address on the space labeled “principal.” Before signing the document, we advise working with an attorney to tailor the terms to your parents’ needs. 

“People often fail to realize how flexible this document can be. For example, if your parents just need a Power of Attorney for a short period while they are on a long holiday, in the hospital, or for any other specific period, an attorney can ensure this document reflects that. In other situations, if your parents simply need help managing their finances, you can designate a power of attorney over a specific bank account that holds money so they can pay bills on their behalf, budget for them, monitor expenses, and alert you of any suspicious activity to prevent them from falling victim to scams.”

– Marcia L. Campbell, Professional Fiduciary

Note: Don’t sign yet! You will need to have your signatures witnessed by a notary to make the form valid.

4. Meet with a Notary to Sign

This step is probably the most important, but it can also cause stress if your parent is sick. You will need to have a notary present to sign the documents. 

Most local banks and hospitals have notary services available. Just be sure to call ahead so that you aren’t making a wasted trip. This step of the process is crucial to ensure that the document is legally binding. 

Working with a lawyer will also ensure that you fulfill all necessary California state requirements for a legally valid POA. 

Note: Be sure to bring your parent’s Identification Card, as they will need to identify themselves to the notary present.

5. File the Form Appropriately

Now that you have the documents signed and notarized, print copies for yourself and the legal entity that validates the form (e.g. a bank or attorney’s office). Give the original document to your parent (the principal) and find a safe place to store these forms.

6. Use Professional Fiduciary Services

Also, keep in mind that when you are appointed someone’s power of attorney, it comes with several duties. 

We advise hiring professional fiduciary services as part of the process of figuring out how to get a power of attorney for a parent because this is a full-time job and entails a broad range of tasks that include overseeing responsibilities like: 

  • Paying bills
  • Budgeting
  • Managing income and expenses
  • Handling tax issues
  • Managing retirement benefits, like Social Security and Medicare
  • Record keeping
  • Managing retirement accounts
  • Overseeing bank accounts
  • Resolving credit disputes
  • Sign checks
  • Balancing checkbooks
  • Coordinating with professionals, like attorneys, and CPAs for your parent
  • Managing assets
  • Protecting your parents from scams and fraud

Imagine how much time and work you will invest in managing your parent’s affairs. The person you choose for this responsibility needs considerable financial expertise and experience to ensure every aspect of this part of their life is taken care of. 

Taking on this responsibility alone results in a tremendous burden that could put a strain on your relationship with your parent, and failure to allocate the proper time and develop the necessary skills is a hazard for your parents. 

Also, complex family dynamics can make it complicated to assign someone with this responsibility, to say the least. Unfortunately, people often use this power for their gain or to put another family member, like a sibling, at a disadvantage. 

However, a professional fiduciary has a legal obligation to act in your parent’s best interest. This is known as their fiduciary duty.

“When you work with a professional fiduciary, they do much more than just oversee your parent’s financial affairs. These individuals foster a bond of trust with you and your parent and support their mental and emotional well-being. Plus, by relieving yourself of this responsibility, you can ensure you make the most of this time with your parents and provide you and your family with peace of mind. You can’t put a price on that.”

– Marcia L. Campbell, Professional Fiduciary

Related Article: How Do You Take Care of Elderly Parents’ Finances? Pt. II

So, Now You Know How to Get a Power of Attorney for a Parent! Need Help With Your Parent’s Finances?


Understanding the process regarding how to get a power of attorney for a parent is essential to provide everyone involved with peace of mind.

To ensure that your parents and their finances are in expert and dependable hands, visit our Contact Page or call our office at +1 (951) 686-3608 to schedule a consultation.

Elderly couple talking with a fiduciary after answering learning how to get a power of attorney for a parent in California.

50 Responses

    • Hi Nora, if your parent is already ill you can still follow the same process. You just need your parent to be coherent to legally sign the documents. If you have questions, send us a contact form request and we will help you with your specific situation!

      • My mom is in memery care in California. I live in boise ID. I need to get poa for medical decision and finance. Can you send me both forms i have someone near by her that can have her sign them and notarize.

  • I need a POA for my me to handle my moms financial situation including real estate transactions and banking. What forms will I need?

  • What if my parent has been diagnosed with dementia, in denial, and making bad decisions. The bad decisions include financially, relationships, and otherwise. Due to the dementia, we have to put restrictions on her, thus, we are the enemies. How do I obtain POA to protect her?

  • Mt father just went through a double bypass heart surgery that has left him in a coma due to complications. How do my sisters and myself go about getting a POA for my father, whereas his girlfriend whom they were buying a house together has removed and kicked out my aunt and my father’s 79-year-old mother and removed all of my father’s belongings and vehicles from the home and will not allow us access to anything. Thank you and have a blessed day
    ~Wayne

  • My mother was diagnosed with dementia and alzheimer’s. Right before we put her house under my sisters name to reduce my mothers interest on the home. Now that my mother has gotten worse she claims the house to be hers, is there any way my mother can reclaim her home?

    Erika

  • Hello Marcia,
    Thank you for the article. Both my parents are home-bound and very difficult for them to sign the POA at the Notary’s office. Would you please suggest a way to meet this requirement?
    Thank you sincerely for your time.

  • My step-father just had brain surgery and is not coherent to know what he is signing. I honestly don’t know if he could sign his name. No POA has been signed and he is now in a care facility for the next 4 weeks. I have no idea of where to start.

  • i have a legally execute Durable POA for my husband with me (his wife) as “attorney in fact”. He now has dementia and cannot be trusted with the money. I need to execute it in such a way that I have sole access to our money especially the bank accounts. How do I do this?

    • I just don’t get it. I was my dad beneficiary in carr taker the will stayed me and my brother had equal shears. My brother live in Georgia. Three day before my dad died my brother came to visit. And tuck him back to Georgia. And did not tell me and all hell Brock lose..my brother called me and said he was the attorney at fact I was takin out of the will. There more. Michael Alva

  • If someone’s father has Alzheimer’s and there are two children do they both have to sign the Durable power of attorney paperwork?

  • Our (myself & two brothers) father is in the hospital with hospice care @ his doorstep. His coherent times come & go. While us siblings have no desire to fight one another over dad’s minimal property or finances, we don’t all always agree on his healthcare & the decisions to be made. How would POA work between his 3 children? Can there be only 1 POA, if so how is the 1 chosen or appointed?

  • My mother doesn’t know how to read an write to some extent, her name an add regarding her bills. In 1999 my father had put my sister on the deed so my mother can be OK. Well in 2006 she try to get a loan , (tricking my mother) but I caught it and explain to my mother what she was doing. . We told the financial that she didn’t authorized the loan, unfortunately it was worst than a loan , She ha trick my mother to sign a power of attorney, thinking it was the deed . We took my mother to get a reverse mortgage on her home . My sister who help take care of my mom new an did nothing an said your money gone leave it alone.. i called iHSS for elderly abused I was working at that time they came an my sister that in her care made her drop the charges. I was was angry that what she had done , I explain to my mother if she dose it again ,there is nothing you can do. . And it did all the rest of it 90,000 and no one help mother an i.. I had all the proof etc. Now she had a stroke my sister and brother wanted to put
    Her down like a dog. I fought an the dr.. was wrong of her illness. She been walking I have her talking little but to understand. They been trying to get me from coming an help , They know if she able to understand ,I will go after power of attorney.. my brothers and sister has ot to do with her stroke they know it. And now they want her to not be able to do anything to send her to a home. What and where do I go from here.

  • This is so helpful! I really appreciate these articles! I actually have a PhD in behavioral neuroscience, so while I understand a lot of the science behind the disease, navigating the legal and medical landscape has been a challenge.

  • I do not wish anyone to face such problems, but if, nevertheless, fate sent you such a test, this post will greatly help everyone. Thank you very much for such a complete post on a topic that not everyone wants to talk about.

  • It is great that there are such informational articles, as an experienced lawyer, I can say for sure that the information presented here is very useful and true. Use and take care of yourself!

  • How can I get a power of attorney letter for my sock mom to make decisions on her behalf. I would need this paperwork as soon as possible

  • my mother is in another state and her metal health is really bad i’m in california how can i get power of attorney

  • Hi! Thank you for this very informative post. I just wanted to ask for some clarification in one matter – once the correct respective POA is signed and notarized, does it immediately go into effect? Or is there somewhere else that this document needs to be filed or sent? Please do let me know. Thank you!

  • Great article. My mother gave my sister a Durable power of attorney. She, my mother, now wants to cancel the POA and make me her Agent with a new POA. My sister used funds in a way that my mother was not happy with. Does a new Durable power of attorney cancel he existing one with my sister or does my mother need to produce a cancellation of the POA with my sister. My concern is that even with a new POA my sister might walk into the bank with her power of attorney and withdraw funds from mothers account.

  • Thank you for sharing such an informative information, I really wanted to know about Power of attorney template. Keep posting such a wonderful blogs

  • Is there another step after completing the documents signed and notarized? Do we have to file this with the court? Or does this mean that it is completed?

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