How do I get power of attorney over an elderly person?

It is adviseable to hire a lawyer to prepare the Power of Attorney and you should clearly understand the limits of what you can do with it in your state. While a General Power of Attorney allows you to act in any capacity on their behalf, if your state requires it to be a fiduciary relationship, misuse of the money could create serious problems for you.

The elderly person has to be of sound mind and sign the document.

The court of record for the jurisdiction where the person lives can hold a hearing if their mental capacity is contested and assign a trustee to handle their affairs if they find them incapable.