how can i use my power of attorney to pay for health aids for my friend in california

Why do I need a power of attorney for Medicaid?

Jul 16, 2021 · Last Updated: July 16, 2021. A power of attorney (POA) can be an important element of planning for your elderly parent’s future. It allows another person to take action on your parent’s behalf, ensuring bills get paid and medical decisions can be made in the unfortunate circumstance that your elderly parent is unable to do those things on ...

Do I need a power of attorney for my Parent’s care?

Feb 17, 2021 · Medicaid Eligibility & Importance of Powers of Attorney. To assist a loved one in becoming eligible for Medicaid, maintaining their eligibility and making Medicaid-related benefit decisions, having a power of attorney is extremely important. 1. Without a POA, an adult child or another individual applying for Medicaid on behalf of their loved ...

What can a PoA do for a family member with Medicaid?

Jun 26, 2019 · At Weisinger Law Firm, PLLC, our Texas estate planning attorneys have deep experience handling the full range of issues related to power of attorney. We provide compassionate, fully personalized legal guidance to our clients. For a review of your case, contact our law firm today (210) 201-2635. [cans_and_cants_markup]

When do you need a power of attorney for reimbursement?

Nov 02, 2012 · However, as to how to use the POA, simply take a copy to the bank. They will keep that on file. They may have other instructions for you depending on their procedure. You'll need copies for may other transactions, as well. You may have to send a copy to her insurance company, etc. depending on how you pay for the services.

What three decisions Cannot be made by a legal power of attorney?

You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.

Can a power of attorney transfer money to themselves?

Attorneys can even make payments to themselves. However, as with all other payments they must be in the best interests of the donor. This can be difficult to determine and may cause a conflict of interests between the interests of an Attorney and the best interests of their donor.

Does enduring power of attorney cover health?

Enduring powers of attorney (EPAs) were in place before Lasting powers of attorney (LPAs). EPAs only cover decisions about finances and property (like the property and affairs LPA). They do not cover health and welfare decisions.

What is durable power of attorney for health care?

A durable power of attorney for health care names a person (often referred to as an “agent”) to make medical decisions on your behalf if you are no longer able to make health care decisions for yourself. This document is also known as a health care proxy or health care power of attorney.Oct 26, 2021

What expenses can power of attorney claim?

You can only claim expenses for things you must do to carry out your role as an attorney, for example:hiring a professional to do things like fill in the donor's tax return.travel costs.stationery.postage.phone calls.

What are the disadvantages of power of attorney?

One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agent's activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.Oct 7, 2019

How do I activate power of attorney for health and welfare?

If it's a health and welfare LPA, you can only activate it if the donor (that's the person who made the LPA) has lost mental capacity and can't make their own decisions. If it's a property and financial LPA, you may be able to activate it as soon as it's registered. The LPA will say whether this is the case.

What's the difference between enduring power of attorney and lasting power of attorney?

Unlike the EPA, the LPA only becomes valid when it is registered. In contrast, the EPA became valid as soon as it was signed. The EPA only requires registration when the person giving the power loses capacity and the EPA is actually needed.

How do you get power of attorney for someone in hospital?

Durable Power of Attorney forms which identify a decision maker related to medical decision- making (as part of a Medical Advance Directive) are available to patients and their families in the hospital. To obtain a form, you may ask your nurse.

When can I use an enduring power of attorney?

You can start using an EPA at any time if the EPA is legal and the donor gives you permission. You'll be responsible for helping the donor make decisions about their finances.

What does a health and welfare LPA cover?

A health and welfare LPA gives your attorney the power to make decisions about your daily routine (washing, dressing, eating), medical care, moving into a care home and life-sustaining medical treatment. It can only be used if you're unable to make your own decisions.

What is it called when you make medical decisions for someone?

They are called “directives” because you are directing them about what you want done. In California, the part of an advance directive you can use to appoint an agent to make healthcare decisions is called a Power of Attorney for Health Care.Nov 17, 2018

Why is a power of attorney important?

Medicaid Eligibility & Importance of Powers of Attorney. To assist a loved one in becoming eligible for Medicaid, maintaining their eligibility and making Medicaid-related benefit decisions , having a power of attorney is extremely important. 1. Without a POA, an adult child or another individual applying for Medicaid on behalf ...

What is a POA?

A power of attorney, often abbreviated as POA, is a legal document naming an individual to make legal decisions on behalf of another person (often elderly) while they are alive. The “principal” or “grantor” (typically the elderly individual) designates the “attorney-in-fact” or “agent” (usually an adult child) to legally act on their behalf in ...

How much does a POA cost?

POA forms can be found online and downloaded for free, or created via a website for $50 or less. If notarized, notary fees are generally $2 – $20 per signature. For those who choose to hire an attorney, the fee is higher than the “do it yourself” route, but all in all, the fee is generally still fairly minimal.

When does a power of attorney expire?

A general power of attorney, also called a non-durable power of attorney, regular power of attorney, or standard power of attorney, is effective immediately and expires when the principal becomes physically or mentally incapacitated. While a durable power of attorney, also called an enduring power of attorney, is also effective immediately, ...

Can a POA be cancelled?

POAs can be cancelled at any time, or the name of the attorney-in- fact can be changed, given the principal is competent to do so. Regardless of the type of POA, all POAs become ineffective upon the death of the principal.

What is POA in legal?

With a POA, the authority of the legal representative may be limited. This could mean the matters in which the attorney-in-fact has legal control are very specific or the agent only has authorization for a one-time action. A POA may also give the attorney-in-fact a very broad range of authority.

Does the VA have a fiduciary program?

For management of VA financial benefits, a state’s durable power of attorney for finances is not sufficient. Rather, the VA has a fiduciary program, where a representative, generally chosen by the veteran, is named by the VA to manage a veterans VA benefits in the event that he / she becomes incapacitated.

What is a power of attorney?

Powers of attorney are key estate planning documents. In the unfortunate event that you become unable to care for yourself, it is crucial that you grant a trusted party the authority to effectively make legal, financial, and medical decisions on your behalf. Through two key estate planning documents — the durable power of attorney and ...

Can a convicted felon have a power of attorney in Texas?

Can a Convicted Felon Have Power of Attorney? Yes. Texas law does not prevent a convicted felon from having a power of attorney. A mentally competent person has the authority to select who they want to serve as their power of attorney.

Can you have multiple power of attorney?

Yes. You have the legal right to appoint multiple people as your power of attorney. You could even split your durable power of attorney and your medical power of attorney. The legal documents should state whether each agent has full, independent power or if they have to act jointly.

Can a durable power of attorney make medical decisions?

Can a Durable Power of Attorney Make Medical Decisions? No. A durable power of attorney is generally for legal decision making and financial decision making. To allow a trusted person to make health care decisions, grant them medical power of attorney.

What is a power of attorney?

A power of attorney is the document that gives your agent this authority, and it usually provides for reimbursement for reasonable expenses. State laws vary on the types of expenses for which an agent can be ...

Can an agent charge a person on their behalf?

Agents are generally allowed to charge the person on whose behalf they are acting – called the principal – for out-of-pocket expenses they incur while working for the principal. For example, if an agent needs to order new checks for your bank account, this expense would be reimbursable. Note that the expenses generally must be reasonable to be reimbursed.

Can an attorney be reimbursed for reasonable expenses?

Several states have adopted versions of the Uniform Power of Attorney Act, which entitles an agent to reimbursement for reasonable expenses.

Can you revoke a power of attorney?

If you suspect that your agent is abusing his authority by charging too much, thereby violating his fiduciary responsibility as agent, you can revoke the agent's power. If you suspect someone else’s agent is abusing a power of attorney, you may be able to challenge that agent through a court action, particularly if the principal involved is not ...

What can a guardian do?

The guardian can monitor the agent’s actions and make decisions for the principal. If the agent has violated any criminal laws, such as through fraud or embezzlement, you can report those crimes to legal authorities. Heather Frances has been writing professionally since 2005.

Jennifer Lynn Finch

While my out of state colleagues are essentially correct, Kansas has a "right of sepulcher" law that specifically grants the power to make funeral and burial/cremation arrangements to a person holding your power of attorney for health care, provided that right is specifically listed in the power of attorney document.

Joseph Michael Pankowski Jr

A Power of Attorney terminates with the death of the person who executed it. I strongly urge you to pre-pay for your cremation because that will make sure that your wishes are followed.

Paul A. Smolinski

I do not practice law in Kansas but I would suggest that you consult with a local elder law attorney. That is IF this issue is important to you. The laws regarding burial are many. The issues that can occur at the death of any person can get sticky as people are very emotional.

Joseph Franklin Pippen Jr

Your POA is void upon death.#N#I usually suggest to my clients that they prepay#N#and sign a cremation contract and also make a statement#N#in their will desiring to be cremated.