Yes. Generally, if the parent or senior family member is competent and able, then they should be the person to undertake the planning. However, it is common for them to have their children involved in the planning process.
If your parent or family member is not competent or able to undertake the planning themselves, then you will need to either have a Durable Power of Attorney to act on his or her behalf or initiate a guardianship proceeding asking a judge to appoint you as guardian of your loved ones.
In some instances, even with a Durable Power of Attorney, guardianship may still be required because the Durable Power of Attorney does not authorize the planning transactions proposed.
