SAN ANTONIOHow To Talk To Your Parent About Becoming Power Of Attorney

What Is Power of Attorney?

A power of attorney (POA) is a legal document that allows one person (the “agent”) to make decisions on behalf of another person (the “principal”). When granted by an elderly parent, this authority may include financial, medical or legal matters — depending on how the POA is written.

In Texas, common types include:

• Durable Power of Attorney – Grants ongoing authority to handle financial matters even if your parent becomes incapacitated.
• Medical Power of Attorney – Allows you to make healthcare decisions if your parent can’t communicate their wishes.
• Limited or Special Power of Attorney – Provides authority for a specific task or time period.

Having these documents in place ensures that your parents’ needs are handled by someone they trust, rather than leaving critical decisions to the courts.

When To Bring Up The Conversation

Timing matters. It’s best to discuss power of attorney for an elderly parent while they are still mentally capable and independent enough to make their own decisions. If your parent is showing early signs of memory loss or declining health, the sooner you act, the better.

Approach the conversation during a calm, private moment — not during a medical emergency or financial crisis. This allows your parent to think clearly, ask questions and feel respected in the decision-making process.

How To Approach The Topic With Sensitivity

Talking about power of attorney can stir up emotions. Your parent may feel like they’re losing control, or fear that you’re trying to take over. Here are some compassionate ways to guide the discussion:

Start with their needs, not your worries.

Say something like, “I want to make sure your wishes are respected if something unexpected happens.”

Emphasize trust and teamwork.

Explain that a POA doesn’t take away their independence — it simply names someone to act on their behalf if needed.

Include them in every step.

Let your parent review the document with their attorney and ensure they understand exactly what they’re signing.

Stay patient and calm.

This is a process, not a one-time talk. Some parents need time to feel comfortable with the idea.

Why Having A Power Of Attorney Matters

Without a power of attorney, families may have to seek guardianship through the Texas courts if a parent becomes incapacitated. That process can be expensive, time-consuming and emotionally draining.

Establishing a POA ahead of time:

• Simplifies medical and financial decision-making
• Protects your parents’ assets
• Prevents court intervention
• Reduces family disputes
• Provides peace of mind for everyone involved

It’s not just a legal safeguard — it’s a gesture of love and responsibility.

Getting Power Of Attorney In Texas

To get power of attorney over a parent in Texas, the parent must willingly and knowingly sign the POA document in the presence of a notary public. It’s strongly recommended to work with an experienced Texas attorney to ensure the paperwork complies with state law and clearly outlines your parents’ wishes.

At B&G, we help families create durable, well-structured POA documents that protect both the parent and the appointed agent. Our attorneys will guide you through every step — from understanding the legal language to filing and notarizing your forms properly.

Smart Solutions For San Antonio Families

At Bineham & Gillen, PLLC, we believe in being smart over being right. That means helping families find cooperative, effective solutions that avoid unnecessary conflict or expense. We take pride in offering legal guidance that’s compassionate, straightforward and rooted in decades of experience serving the San Antonio and Helotes communities.

Whether you’re just beginning the conversation or ready to formalize your parents’ wishes, our team can help you navigate the process with confidence.

Taking Control Of Your Legal Affairs

Creating a power of attorney is a proactive step to ensure your wishes are respected and your affairs are handled as you want. At Bineham & Gillen, we’re dedicated to providing effective legal solutions that protect your interests and keep decision-making consistent.

Contact us today to schedule a meeting and find out how we can help you establish or update your power of attorney to secure your future with confidence.