One of the most important, yet most overlooked steps adult children can take for their aging parents has nothing to do with doctors, medications, or memory care facilities. It happens at a lawyer's desk, long before any diagnosis is made. It's called a Power of Attorney and getting it in place before dementia or Alzheimer's disease strikes could be one of the most meaningful things your family ever does together.

What Is a Power of Attorney?

Estate planning attorney Montgomery County MD a Power of Attorney (POA) is a legal document that grants a trusted person called an "agent" or "attorney-in-fact" the authority to make decisions on behalf of another person. Depending on how it's structured, a POA can cover:

·  Financial decisions — managing bank accounts, paying bills, filing taxes, and handling investments

·  Healthcare decisions — communicating with doctors, consenting to or refusing treatment, and directing end-of-life care

·  Real estate and legal matters — selling property, managing assets, and signing contracts

Why Timing Is Everything

Here is the critical fact that most families learn too late: a Power of Attorney can only be signed by someone who is legally competent to do so. Once a parent has been diagnosed with moderate to advanced dementia or Alzheimer's, they may no longer meet that legal standard — and at that point, the POA option is off the table entirely Real estate planning attorney Maryland.

Without a POA in place, families are often forced into a costly, time-consuming court process called guardianship or conservatorship, where a judge must appoint someone to make decisions. That process can take months, drain finances, and create painful family conflict — all during an already devastating time.

What Virginia, Maryland, and D.C. Require

The Law Office of Brian Gormley LLC serves clients across the DMV region, and the rules vary by jurisdiction:

·  Virginia Requires the principal to be of "sound mind" at signing. The document must be signed before a notary and two witnesses. Virginia recognizes a "Durable" POA that remains valid even if the principal later becomes incapacitated — making it the right choice for elder planning.

·  Maryland: Also requires competency at signing, with notarization and two witnesses. Maryland's Health Care POA (sometimes called an Advance Directive) is a separate document from the financial POA and should be executed alongside it.

·  Washington, D.C.: Requires notarization and two witnesses as well. D.C. law recognizes both Durable Financial POA and a Healthcare POA, and both should be part of a complete elder law plan.

In all three jurisdictions, acting early — while your parent is healthy and capable — ensures the documents will hold up legally when they matter most.

Signs It's Time to Have the Conversation

Many families avoid this conversation because it feels uncomfortable. But consider starting the discussion if:

·  Your parent is 65 or older, even if they are in excellent health

·  There is a family history of Alzheimer's or dementia

·  Your parent has recently been diagnosed with any cognitive condition, even a mild one

·  Your parent lives alone or manages complex finances independently

·  A parent has recently lost a spouse

What You Can Do Right Now

Getting a Power of Attorney in place is a straightforward process when done proactively. Here's how to get started:

·  Schedule a consultation with an elder law attorney who practices in your parent's sta

·  Identify a trusted agent — typically an adult child, close relative, or trusted friend

·  Execute both a financial and healthcare POA to ensure full coverage

·  Store the documents safely and make sure the agent, doctors, and financial institutions know they exist

At The Law Office of Brian Gormley LLC, we help Virginia, Maryland, and D.C. families put the right legal protections in place — before a crisis forces the issue. Don't wait for a diagnosis to start planning. Call our office today to schedule a consultation.