my mother is in a nursing home and i have power of attorney what are my responsibilities

by Dr. Hunter Cronin PhD 6 min read

Best Answer A POA doesn't mean you're responsible for the debts of your mother. You are only there to pay her bills, see to her medical conditions and take care of her because she isn't able to do this on her own.

As your parent's power of attorney, you're responsible for ensuring their nursing home bills are paid for through their assets and income. However, you aren't responsible for paying those bills from your assets.Jul 16, 2021

Full Answer

Do nursing home residents need power of attorney (POA)?

Sep 11, 2020 · By phone my mother and I with witnesses from the nursing home counselor changed her address to the PO Box with her creditors and bank. The Post Offfice will not put her mail into the PO Box, though the address shows the change, until I produce the power of attorney. Can I do this power of attorney when I do not have a permanent address.

Can a power of attorney sell a house for an ailing parent?

Mar 25, 2013 · However, you do not need to sell the home to have her qualify for Medicaid. In fact she can keep the home, however, they do not allow her to keep her income as it has to be paid to the nursing home less a $60 personal need allowance and a deduction for her health insurance. Also, there is an exception allowing you to rent the home.

What can a power of attorney for health care do?

An agent with a valid power of attorney for finances may be able to: Access the principal’s financial accounts to pay for health care, housing needs and other bills. File taxes on behalf of the principal. Make investment decisions on behalf of the principal. Collect the principal’s debts.

What power does the principal have in a nursing home case?

Mar 05, 2022 · Power of Attorney (POA): Caregiver Information and Resources. A power of attorney (POA) document is an important component of elder care that provides peace of mind for both a senior and their caregiver. A properly executed POA provides written authorization that enables a person (called the “principal”) to appoint a trusted relative or friend (called the …

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

Are there any decisions I could not give an attorney power to decide? 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.

What does a power of attorney allow you to do?

Power of Attorney (POA) is all about giving the right to act on your behalf to a trusted friend or family member. A Power of Attorney allows the holder of the POA to take clearly defined actions and decisions on behalf of the donor in this case.

Can a power of attorney transfer money to themselves?

Can a Power of Attorney Transfer Money to Themselves? No — not without good reason and express authorization. While power of attorney documents can allow for such transfers, generally speaking, a person with power of attorney is restricted from giving money to themselves.Jun 26, 2019

What are the liabilities of being a power of attorney?

When it comes to debt, an agent acting under power of attorney is not liable for any debts the principal accrued before being given authority or/and any obligations outside their scope of authority.May 7, 2021

Can a family member override a power of attorney?

The Principal can override either type of POA whenever they want. However, other relatives may be concerned that the Agent (in most cases a close family member like a parent, child, sibling, or spouse) is abusing their rights and responsibilities by neglecting or exploiting their loved one.Nov 3, 2019

What are the disadvantages of being 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.

What does POA mean on a bank account?

power of attorneyA power of attorney allows a person, known as the principal, to name an individual, known as the agent, to act on the principal's behalf. The powers granted often include management of the principal's bank accounts.

Does a power of attorney need to keep receipts?

You have a duty to ensure that your personal interests do not conflict with your duties as an attorney. For example, if you are acting as financial attorney, the adult's funds must be kept separate from your own and you should keep accounts and receipts.

What happens to power of attorney after death?

What Happens After Death of the Principal? Upon the death of the principal, the power of attorney is no longer valid and instead the will is executed. ... As a result, unless the agent has also been named as the executor of the will, they lose all power to make decisions on behalf of the principal.Jun 25, 2021

Can family members witness a power of attorney?

An attorney's signature must also be witnessed by someone aged 18 or older but can't be the donor. Attorney's can witness each other's signature, and your certificate provider can be a witness for the donor and attorneys.Aug 26, 2021

Does special power of attorney expire?

However, the Special Power of Attorney is already expired as it is indicated in the document that its validity is only one year from the date of the sale of the property to my seller.Jul 18, 2013

Can power of attorney take out a loan?

You can get a loan on a property which can be transferred on Power of Attorney (PoA). Power of Attorney is the document which gives power and permission to your chosen agent which also includes purchasing property or getting a home loan.