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How to Get Power of Attorney for a Parent With Mental Illness

How to Get Power of Attorney for a Parent With Mental Illness

Caring for a parent with a serious mental health condition, such as bipolar disorder or severe depression, can feel overwhelming. Important decisions about finances, health care, and daily needs often fall to family members, but without legal authority, your hands may be tied.

At Commonwealth Life and Legacy Counsel, we help Central Virginia families handle these challenges with tools like powers of attorney. In this article, we’ll explain how to obtain a Power of Attorney (POA) for a parent with mental illness, the types of POAs available, what Virginia law requires, and what to do if your parent is no longer able to give consent.

Types of Power of Attorney Relevant to Mental Illness

Different documents cover different needs. Choosing the right one keeps life running smoothly while respecting your parents’ dignity.

Financial Power of Attorney

A financial POA lets the chosen agent handle money matters such as paying the mortgage, filing taxes, or managing investments. Banks and brokers in Virginia must accept a properly executed POA, which avoids frozen accounts if your parent is unable to act.

Advance Medical Directive (Medical Power of Attorney)

Virginia law bundles healthcare decisions into an advanced medical directive. The agent may approve treatments, select doctors, and decide on placement in a hospital or long-term care wing. Written instructions inside the directive can guide the agent on topics like medication preferences or end-of-life wishes.

Durable Power of Attorney

Durability means the document stays valid after a loss of capacity. In Virginia, every POA is durable unless the text states it ends at incapacity, so you rarely need extra wording. Agents under a durable power of attorney are authorized to make decisions for the principal the moment that the document is validly executed. While it is always important to name a trusted agent, agents act in a fiduciary role, meaning they are liable for damages if they fail to act in the best interest of the principal.

Limited Power of Attorney

A limited POA grants very specific authority for a short time or a narrow task, such as closing on a house or handling DMV paperwork. Families sometimes pair a limited form with a broader, durable POA to cover unique projects.

Springing Power of Attorney

This document “springs” into action only after a certain event, most often a written finding by two doctors that the parent lacks capacity. Springing language can feel comforting, yet banks may hesitate until fresh medical proof is supplied, leading to delays.

Requirements for a Valid Power of Attorney in Virginia

Virginia’s Uniform Power of Attorney Act sets clear rules. Meeting them avoids headaches when the document is presented to a financial or medical provider.

Mental Capacity of the Principal

The parent, called the principal, must grasp the nature of the POA at signing time. Adults are presumed capable under state law until a court or two physicians say otherwise. Families sometimes ask a treating psychiatrist for a short letter affirming capacity on the date of signing to prevent later disputes.

Proper Signatures and Notarization

The principal signs before a notary or another officer authorized to take acknowledgments. If trembling hands prevent an actual signature, Virginia permits another person to sign in the parent’s presence and at the parent’s direction. Notarization gives third parties confidence that the document is genuine.

Competent and Trusted Agent

The agent must be at least 18, mentally sound, and fully trusted. Choose someone who keeps calm under pressure, understands the parents’ values, and can communicate with doctors, bankers, and siblings.

To compare core requirements at a glance, view the chart below.

 

Requirement

Financial POA

Medical Directive

The principal has the capacity to sign Yes Yes
Notary or authorized officer present Yes Yes
Durable by default Yes N/A (directive is always durable)
Separate witness required No No

 

Steps to Obtain Power of Attorney for a Parent With Mental Illness

Families often feel rushed, yet a little preparation helps the signing session go smoothly.

Follow these practical steps:

  1. Identify which powers your parents need: financial, medical, or both.
  2. Select one agent and at least one successor in case the first choice cannot serve.
  3. Work with an experienced estate planning attorney, an online service, or a vetted template that matches Virginia law.
  4. Schedule a meeting with a notary. Bring a valid photo ID for the parent and each signing party.
  5. Store the original somewhere where you can find it if it is needed, and hand out copies to the agent, physicians, and any bank that will rely on it. Copies of a Power of Attorney hold the same legal weight as the original.
  6. If land dealings are involved, record a copy with the circuit court clerk in the county where the property sits.

Each item above prevents last-minute hurdles that can leave bills unpaid or care decisions stalled.

When a Parent Lacks the Capacity to Grant Power of Attorney

Sometimes, the window closes before paperwork is complete. If doctors have already declared the parent unable to understand legal documents, a POA cannot be signed. In that case, the family must seek guardianship or conservatorship through the circuit court.

A guardian handles personal and medical choices while a conservator manages assets. The process usually involves:

  • A petition was filed supporting medical evaluations.
  • A court-appointed attorney for the parent.
  • A hearing where the judge reviews evidence and decides on the least restrictive option.

Guardianship provides protection, yet it is public and often expensive. That is why drafting a POA early remains the better path whenever possible.

Contact Commonwealth Life and Legacy Counsel for Assistance

Our husband-and-wife team, Michael and Lelia Winget-Hernandez, focuses on estate planning, elder law, and long-term care solutions across Central Virginia. We draft durable powers of attorney, guide families through guardianship when needed, and stay available for follow-up questions. Call us in Central Virginia at 434-589-2958 or in Powhatan at 804-598-1348, email info@winget-hernandez.com, or visit our Contact Us page. Taking this step today helps protect your parents’ health, finances, and peace of mind tomorrow.