Appointing a Power of Attorney for elderly parents is one of the most important steps you can take to safeguard their financial, medical, and personal well-being as they age. However, the process can be complex, and even minor mistakes can lead to legal complications, family disputes, or loss of control over your loved one’s affairs. Understanding the right legal procedures and seeking help from professional power of attorney lawyers can prevent these issues and ensure your parents’ interests are fully protected.
In this article, we’ll explore the most common mistakes people make when arranging Power of Attorney (POA) for elderly parents—and how to avoid them.
- Not Understanding the Different Types of Power of Attorney
One of the biggest mistakes families make is failing to understand that there are different types of Power of Attorney, each serving a specific purpose. In Western Australia, the two main types are:
Enduring Power of Attorney (EPA): This allows a person to manage financial and property affairs even if the parent loses mental capacity.
Enduring Power of Guardianship (EPG): This gives authority to make personal, lifestyle, and medical decisions on the parent’s behalf.
Many families mistakenly believe that a general POA covers all aspects of decision-making, but it becomes invalid once the parent loses mental capacity. This misunderstanding can leave your family unable to act when it matters most. Consulting experienced wills lawyers in Perth ensures you select the right type of Power of Attorney for your parents’ needs.
- Failing to Choose the Right Attorney
Choosing the wrong person as an attorney can lead to serious issues, including mismanagement of funds, neglect of duties, or even elder financial abuse. It’s essential to appoint someone who is:
- Trustworthy and financially responsible
- Familiar with your parents’ values and preferences
- Able to communicate effectively with other family members
- Willing to act in the best interests of your parents
Avoid appointing someone simply because they are the eldest child or closest relative. Instead, select a person capable of handling legal and financial responsibilities. Your power of attorney lawyers can help assess the suitability of potential attorneys and ensure the decision aligns with your parents’ long-term welfare and estate planning goals.
- Not Formalising the Power of Attorney Properly
A common and costly mistake is failing to follow the correct legal process when creating a Power of Attorney. In Western Australia, the document must be properly signed, witnessed, and, in some cases, registered for it to be legally valid. Missing a signature, using the wrong form, or having an ineligible witness can render the document invalid.
To avoid future complications, it’s vital to get the document drafted and witnessed by qualified professionals. They ensure every clause is clear, enforceable, and tailored to your parents’ circumstances.
- Overlooking Future Capacity Issues
Another frequent oversight is failing to plan for the possibility that an elderly parent might lose mental capacity due to illness, dementia, or age-related decline. A General Power of Attorney automatically becomes invalid once the person loses capacity, leaving no one authorised to manage their affairs.
An Enduring Power of Attorney (EPA), however, continues to operate even after capacity is lost. This allows the appointed attorney to continue handling financial matters, paying bills, and managing assets without court intervention.
If capacity is already lost and no valid Power of Attorney exists, you may need to apply for Court-Ordered Wills in Perth or guardianship orders. These legal remedies are complex and time-consuming, which is why setting up an enduring document early—with guidance from skilled lawyers—is essential.
- Not Discussing the Decision with Family Members
Family communication is key when setting up a Power of Attorney. Many disputes arise when siblings or relatives are unaware that one person has been given legal authority over the elderly parent’s affairs. This lack of transparency can cause mistrust, resentment, and potential legal challenges.
Before finalising the Power of Attorney, sit down with all family members and discuss your parents’ wishes openly. Clarify the reasons behind each decision and explain how responsibilities will be handled. A power of attorney lawyer can facilitate these discussions to prevent conflicts and ensure everyone understands their role in supporting your parents’ well-being.
- Ignoring Legal and Financial Advice
Attempting to draft a Power of Attorney using online templates or DIY kits can lead to serious legal consequences. Every family’s situation is unique—what works for one may not work for another. Without proper legal advice, you risk creating a document that doesn’t comply with Western Australian law or adequately protect your parents’ assets.
- Structure the POA for maximum protection
- Avoid potential tax and estate planning pitfalls
- Ensure compliance with current state laws
- Integrate the POA with your parents’ wills and trusts
Getting expert legal advice upfront is far more cost-effective than resolving disputes or correcting invalid documents later.
- Forgetting to Review and Update the Power of Attorney
Many people assume that once a Power of Attorney is signed, it’s valid indefinitely. However, life circumstances change—relationships evolve, financial situations shift, and laws may be updated. It’s important to review the document periodically to ensure it still reflects your parents’ wishes and circumstances.
For example, if the appointed attorney becomes unavailable, moves overseas, or develops health issues, a replacement may need to be appointed. Reviewing the Power of Attorney every few years—or after major life changes—can help maintain its effectiveness and legality. A power of attorney lawyer can assist with making amendments while ensuring compliance with Western Australian regulations.
- Not Aligning the Power of Attorney with the Will
A Power of Attorney and a Will serve different purposes, but they should work in harmony. A Power of Attorney applies while your parents are alive, whereas the Will takes effect after their passing. Conflicts between these documents—such as inconsistent asset management instructions—can lead to confusion and disputes.
- Delaying the Process Until It’s Too Late
Procrastination is one of the biggest mistakes families make when dealing with Power of Attorney matters. Many people wait until their elderly parents are unwell or mentally incapacitated to take action—by then, it may be too late to create a valid document.
Once mental capacity is lost, only the State Administrative Tribunal or the Supreme Court can appoint a guardian or administrator. This process can be lengthy, expensive, and emotionally draining. Acting early ensures your parents’ wishes are respected and eliminates uncertainty about who will make key decisions on their behalf.
- Not Seeking Ongoing Legal Support
Even after the Power of Attorney is in place, legal support remains important. Attorneys may need advice on how to fulfil their duties, avoid conflicts of interest, and ensure transparency in managing funds. Regular consultations with power of attorney lawyers can help maintain accountability and compliance with legal obligations.
In cases where disputes arise among family members or concerns about attorney misconduct occur, your lawyer can step in to mediate and protect the elderly parent’s best interests. Ongoing support helps ensure that all decisions made under the Power of Attorney remain lawful, ethical, and in the spirit of the parents’ intentions.
Conclusion
Seeking Power of Attorney for elderly parents is a vital but delicate responsibility. Mistakes—such as appointing the wrong person, failing to formalise documents, or neglecting legal advice—can have lasting consequences.
If capacity has already been lost, Court-Ordered Wills in Perth may offer a legal solution, but early preparation is always the best safeguard. By taking proactive steps now, you can protect your parents’ rights, preserve family harmony, and ensure their future is managed with dignity and care.