Power of Attorney Guide for Family Caregivers

A power of attorney is a legal document that gives one person authority to act for another person within the powers stated in the document. For caregivers, that authority may involve money and property, health care decisions, or separate documents for each role. The document and applicable state law determine what an agent may do and when the authority applies.

This page provides general educational information, not legal advice. Power of attorney terms and requirements vary by state and situation. A qualified attorney or local legal-aid organization can review a specific document.

Start with the document

Before acting, read the signed document and confirm the authority it grants, when it becomes effective, and whether another agent or successor agent is named. Do not assume that a financial power of attorney also authorizes health care decisions, or that an agent may act outside the document.

The Consumer Financial Protection Bureau provides a practical guide for people managing someone else's money.

Agent duties and recordkeeping

The CFPB describes an agent handling money or property as a fiduciary. Its guidance emphasizes acting in the person's interest, managing money and property carefully, keeping the person's funds separate, and maintaining complete records. The exact duties still depend on the document and state law.

Health care decisions and advance directives

Health care decision authority is commonly addressed through an advance directive or health care proxy. The National Institute on Aging explains how advance directives and health care proxies fit into advance care planning.

CaregiverRelief also has guides to health care proxies and durable power of attorney and living wills.

If you suspect misuse or a conflict

A disagreement or suspicious transaction does not establish misuse by itself. Gather documents and records you already have lawful access to, note the specific concern, and seek state-specific advice before taking legal action. If someone is in immediate danger, contact emergency services.

For an overview of this topic, read questions to consider when power of attorney may be misused. People who qualify for civil legal aid can use the Legal Services Corporation's legal-help locator to find a local program.

Sources

Updated August 14, 2026. Qualified legal review is still recommended before relying on this page for a specific situation.