What you need to know about creating a Power of Attorney

Creating a Power of Attorney (POA) for an adult with mild autism or an intellectual disability (ID) involves careful legal and ethical consideration. The level of the individual’s capacity and independence plays a critical role in determining whether a POA or guardianship is more appropriate.

Here’s a breakdown of what caregivers should know:

When POA May Be Appropriate:

The adult with mild autism or mild intellectual disability understands the nature and consequences of the POA.
They want help managing finances, healthcare, or other matters but can participate in decisions.
They prefer a less intrusive, revocable arrangement.

When Guardianship May Be Necessary:

The adult lacks the capacity to understand the POA and/or is vulnerable to exploitation.
There’s a history of inability to manage basic needs, finances, or medical care without support.
They are over 18 and their condition prevents them from providing informed consent.

Capacity Considerations

Legal capacity is key. Even with autism or an intellectual disability, a person may still have the capacity to sign a POA if they understand:

The nature of the document,
The powers they are granting,
Who they’re granting those powers to.

Tip: It’s wise to have a capacity assessment by a doctor, psychologist, or lawyer if there’s doubt.

Types of Power of Attorney

General POA
- Broad powers to manage finances, property, and legal affairs.
- Ends if the principal becomes incapacitated.
Durable POA
- Same as general, but continues if the person becomes incapacitated.
- Most common choice for those with developmental disabilities.
Medical or Healthcare POA (or Advance Directive)
- Grants power to make healthcare decisions.
- Often includes wishes about treatment, medications, end-of-life care.
Limited or Special POA
- Grants power only for specific tasks (e.g., selling a house, managing a bank account).
Springing POA
- Becomes active only upon incapacity (requires a doctor’s certification).
- More complex; may delay decisions in urgent situations.

Process and Cost

Steps to Set Up a POA:

Assess capacity of the adult.
Choose the right type of POA (financial, medical, durable, etc.).
Work with an attorney familiar with disability and elder law (recommended).
Sign the document in front of a notary and possibly witnesses.
Distribute copies to relevant parties (banks, doctors, family, etc.).

Typical Costs:

Service Type Cost Range

DIY Forms (online) $30–$100
Notarization $0–$25 per signature
Attorney-prepared POA $250–$750+ (depending on complexity and location)
Guardianship (court process) $1,500–$5,000+ (legal fees,

court costs, evaluations,

ongoing reporting)

Key Legal and Ethical Tips for Caregivers

Don’t assume incapacity based on a diagnosis. Capacity is task-specific.
Always involve the adult in the process to the extent they’re able.
Consider supported decision-making agreements as an alternative or complement.
Keep documentation of evaluations, discussions, and signed documents.

Example Scenarios

Mild Autism, College-Aged Adult: Understands most matters, struggles with paperwork. A durable POA for finances and healthcare would likely be appropriate if they agree.
Moderate Intellectual Disability, Limited Understanding: Can’t grasp financial or medical implications. A court-appointed guardianship may be needed.