Legal Support for Caregivers

Managing finances can be tough as we age or face health issues. Paying bills and balancing checkbooks may become more difficult. A financial power of attorney gives a caregiver the legal right to make financial decisions for a care recipient.

A power of attorney is a legal document that allows a principal to appoint someone to make decisions on their behalf. For example, a parent may appoint an adult child to act as their agent and make decisions for them. A healthcare power of attorney handles health care decisions. In contrast, a financial power of attorney focuses on financial matters. A power of attorney can allow for wide-ranging financial decisions or limit authority to specific areas.

Many older adults and individuals with disabilities receive payments from Social Security. The Social Security Administration allows a friend or family member to handle public benefit payments for those who can't. A representative payee manages payments on behalf of beneficiaries.  

For veterans, a fiduciary can be appointed to manage the veteran’s US Department of Veteran’s Affairs (VA) income and paying the beneficiary’s debts. 

Additional Resources:

•  Pennsylvania Legal Aid Network: Power of Attorney in Pennsylvania
• Social Security Administration: Representative Payee
• U.S. Department of Veterans Affairs: How to apply for Feduciary

A guardianship is a court order. It lets a chosen person act for someone deemed “incapacitated.” This means the individual can't understand information, make legal and healthcare decisions, or manage their finances and well-being.

A person can be named a “guardian of the person.” This means they can make choices about personal care, medical needs, or living arrangements for someone who cannot decide for themselves.

Alternatively, they can be a “guardian of the estate.” In this role, they handle financial matters, manage income, assets, or property.

It’s also possible to be both types of guardians.

Guardianships take many rights from the incapacitated person and give them to the guardian. So, they should only be used when less restrictive options are not available. Instruments like an advance directive or power of attorney let someone, like a caregiver, make financial or health care decisions for the person they are caring for. These options are less restrictive and provide support when needed.

Additional Resources:

• The Unified Judicial System of Pennsylvania:  Guardianship in Pennsylvania