What to gather before the power of attorney appointment

What this page is, and what it is not

This is a filing checklist. It tells you what to put in a folder before an appointment so that the appointment is spent on decisions rather than on hunting for a passport.

It does not tell you which kind of document to make, who should be appointed, what powers to grant, when anything takes effect, or what any of it means. Those are questions for a qualified lawyer, and the answers vary by state and by circumstance. Ask them. Write their answers down.

The division of labour is clean and it is worth stating out loud, especially to a sibling who wants to help: you gather, they draft. Gathering is genuinely useful work and it is the part that usually delays everything.

One practical note before you start. Call the office and ask what they want you to bring, then use this page to fill the gaps. Offices differ, and a five-minute call beforehand can halve the pile.

Use one folder, with dividers, in the order below. Take the originals and a photocopy of everything.

Identity and address documents

Every office will want to establish who your parent is and where they live, and most want to see original documents rather than copies.

Gather these for your parent first, then the same identity documents for anyone being appointed, since they are frequently asked for too.

If a name has changed — through marriage, divorce, or anything else — bring the document that shows the change. Mismatched spellings between a passport and a utility bill are one of the most common reasons an appointment gets extended into a second appointment.

Check expiry dates before you go. An expired document is usually no document.

• Passport, driver's licence or state ID — original, in date
• Birth certificate, and marriage or divorce documents if the name changed
• Two recent proofs of address, dated within the period the office specifies
• Social Security card or number, if the office asks for it
• Any existing power of attorney, trust document or similar, even an old one
• Any existing will or estate document, if the office has asked to see it
• The same identity documents for each person being appointed

The people: exact names, exact spellings

Documents fail on spellings. Write every name the way it appears on that person's own identity document, not the way the family writes it.

For each person involved — your parent, everyone being appointed, and every alternate — collect the full legal name, date of birth, current address including postcode or ZIP, phone number, email address, and their relationship to your parent.

Ask the office two administrative questions in advance and write the answers down: how many witnesses are required, and who is not permitted to act as one. The second question catches the classic problem of a family member witnessing something they should not have.

If anyone involved lives abroad or is not available in person, say so when you book, not on the day. It changes the logistics and sometimes the timetable.

Bring the details of the doctor's practice as well. Some offices ask for it as part of the process; if yours does not, it costs you nothing to have it in the folder.

• Full legal name exactly as it appears on identity documents, for every person
• Date of birth, address with ZIP or postcode, phone, email
• Relationship to your parent, written plainly
• Alternates or substitutes, with the same details
• How many witnesses the office requires, and who may not be one — ask, then write it down
• Anyone abroad or unavailable in person, flagged when you book
• Doctor's practice name, address and phone number

The index of what exists

Most offices ask for a picture of what there is. Build it as an index — what exists and where it is held — rather than a valuation. If the office wants figures, they will tell you which ones.

Work through it in categories and one line per item: what it is, the institution, the account or policy number, and where the paperwork lives. If you cannot find a document, write the institution and "paperwork not located" rather than leaving the line off.

The digital category is the one most people forget and the one that causes the most trouble later. List the accounts and where the credentials are kept. Never write passwords into this folder or send them in a message — record who holds them and how they are stored, and ask the lawyer how they recommend handling access.

Do not tidy or move anything while you build the index. You are recording what is there, on today's date. Put the date at the top of the page.

• Bank and savings accounts: institution, account number, where statements are kept
• Pensions and retirement accounts: provider, reference number
• Insurance policies: provider, policy number, type
• Property: address, whether owned or rented, where the deeds or lease are held
• Vehicles: registration, where documents are held
• Benefits or allowances currently received, and the reference numbers
• Regular payments in and out, with the institution
• Safe deposit box or safe, and who holds the key
• Digital accounts: which ones exist, and who holds the credentials — never the credentials themselves
• Any professional already involved: accountant, financial adviser, existing lawyer

The questions to write down before you go

Write them out and take the page. You will not remember them once the conversation starts, and most of them are the sort of administrative detail that is expensive to chase afterwards.

Leave space under each one, and write the answer in the room.

• What is the total fee, what does it include, and what is billed separately?
• How long does the process take from today, step by step?
• Who holds the original document, and where should it be stored?
• How many certified copies do we need, what do they cost, and how do we get more later?
• Who should be given a copy, and does anything need to be filed or registered anywhere?
• What do banks and other institutions typically ask for when a copy is presented?
• What happens if my parent moves to another state or spends long periods abroad?
• How is this changed or revoked later, and what does that cost?
• What should we do if an institution refuses to accept the copy?
• Is there anything else you would normally advise a family in this situation to ask you?

After the appointment: copies and filing

Do this within the week, while everything is still on the table rather than in a drawer.

First, write down where the original is and who holds it. That single sentence, in the folder, saves a great deal later. If a professional holds it, record the firm, the reference and the phone number.

Then distribute copies exactly as the lawyer advised, and keep a list of who received one and on what date. If any institution needs to be told, note the name, the date you sent it, and how you sent it. Ask the lawyer which institutions to notify — do not decide that yourself.

Photograph or scan the document and keep the file in the shared folder, clearly labelled with the date it was signed. A scan is not a substitute for a certified copy, and it is worth writing that on the file so nobody presents the wrong thing.

Finally, put a line on the front page of the folder saying that the document exists, its date, and where the original is. Not what it says — where it is. That is what somebody needs to find in a hurry.

• Where the original is held, and the contact details of whoever holds it
• Who received a certified copy, and on what date
• Which institutions were notified, when, and how — as advised by the lawyer
• A scan in the shared folder, labelled with the signing date
• One line on the front page of the folder: it exists, this date, held here

Questions