Lessons From Fisk: Powers of Attorney, Elderly Parents, and Well-Meaning Adult Children

Lessons From Fisk: Powers of Attorney, Elderly Parents, and Well-Meaning Adult Children

By Melinda Gustafson Gervasi

December 8, 2023

Episode three, Season One of the Australian comedy Fisk introduces Helen to return clients of Gruber & Gruber, the Popovitch mother and daughter duo.  Launched with comedic style, in this episode the new associate finds herself in a common situation: the adult child of a elderly parent with memory issues seeks power of attorney over the mother's finances.  Gruber & Gruber handle the situation far differently than I would in my office, likely because they are in a different country and the story is written for entertainment value.

Laws related to creating powers of attorney are written by state legislatures, meaning the laws and regulations vary from state to state.  Under Wisconsin law our statutes state:

244.05  Execution of power of attorney. To execute a power of attorney the principal must sign the power of attorney or another individual, in the principal's conscious presence and directed by the principal, must sign the principal's name on the power of attorney. A signature of the principal on a power of attorney is presumed to be genuine if the principal makes an acknowledgment of the power of attorney before a notarial officer authorized under ch. 140 to take acknowledgments.

The emphasis on "directed by the principal" is my own, and it is something I take very seriously in my practice.  For me it means the client, and only the client, can direct the creation of the power of attorney, its included powers, and the decision on who to name as their agent.  It boils down to it being a decision the parent needs to make, not a child making the decisions.

Thank you for reading.  Remember that a blog is not legal advice, but rather it is a platform to spark thought and discussion.  Please consult an attorney in your state for legal advice specific to your situation.  Follow along with this blog by clicking "Follow" in the upper right corner and entering your email.  Be well.