the daughter who is her mothers durable power of attorney

The Durable Power of Attorney is a very important document that if written and executed correctly, legally authorizes Mother, while mentally competent, to nominate Daughter to handle financial transactions in the event of her incapacity.

Full Answer

Can a durable power of attorney make decisions for a daughter?

D) "As your durable power of attorney, your daughter has the legally vested right to make your decisions; however, let us ask your husband what he thinks." C) "I know that you are the durable power of attorney, but your mother is alert and oriented so we cannot legally take her against her will."

Why do I need a durable power of attorney?

The Durable Power of Attorney is a very important document that if written and executed correctly, legally authorizes Mother, while mentally competent, to nominate Daughter to handle financial transactions in the event of her incapacity.

Can a hospital witness a durable financial power of attorney?

Typically, hospital personnel are not allowed to witness a financial legal document such as the Durable Financial Power of Attorney. However, hospitals often allow their staff to witness a Healthcare Power of Attorney document. You want a durable financial power of attorney document for each parent.

What is a medical or healthcare power of attorney?

Medical POA — A healthcare or medical power of attorney grants the Agent you appoint the authority to make decisions about your care if you are unable to do so. The Principal can override either type of POA whenever they want.

Does a power of attorney need to be notarized?

It depends on the state, since each state has its own rules for validating a power of attorney. Some require two witnesses and no notary, some requ...

How much does a power of attorney cost?

The cost for a power of attorney varies, depending on how you obtain the form and your state’s notary requirements. Online forms may be free, and y...

How many people can be listed on a power of attorney?

You can name multiple agents on your power of attorney, but you will need to specify how the agents should carry out their shared or separate duties.

What are the requirements to be a power of attorney agent?

Legally, an agent must be at least 18 years old and of sound mind.4 You should also choose someone you trust to act in your best interests.

When should I create a power of attorney?

You can create a power of attorney at any point after you turn 18. You need to create a power of attorney while you’re of sound mind.

There has been a very serious motor vehicle collision involving a high-profile judge seeking reelection. The judge was traveling at a high rate of speed and crossed the center line, striking and killing a motorcyclist. Newspaper reporters are on location, asking you to describe what happened. Which one of the following statements is most appropriate? A) "The accident was not bad, so please leave the scene." B) "The judge was in the car that hit and killed the motorcyclist." C) "The judge was involved, but I cannot tell you anything that happened." D) "There has been a serious accident in which a person was killed."

D) "There has been a serious accident in which a person was killed."

The EMT correctly understands a Physician Orders for Life Sustaining Treatment document when he states: A)"A POLST must be signed by the court system patient and is valid for a period of no more than 5 years." B)"A POLST is the same as a Do Not Resuscitate order, with the difference being that the physician does not have to sign it." C) "A POLST is designed to allow a patient to choose the desired type of care prior to the need for resuscitation." D) "A POLST legally empowers another person to make health care decisions for him or her in the event he or she cannot do so."

C) "A POLST is designed to allow a patient to choose the desired type of care prior to the need for resuscitation."

The EMT shows understanding of the standard of care when he states: A) "The standard of care is a measure of whether or not the right assessment and care have been provided to the patient." B) "The standard of care is a document that outlines the curriculum to which all EMT programs in the United States must subscribe." C) "The standard of care is state law that requires the EMS to respond and render care in emergency and nonemergency situations." D) "The standard of care is a state law that describes what actions the EMT can and cannot legally perform."

A) "The standard of care is a measure of whether or not the right assessment and care have been provided to the patient."

You are off duty and have come across a motor vehicle collision. A car has crashed head-on into a utility pole. There is moderate damage to the vehicle and the driver is walking about the scene. You stop and assess the patient. He has a large bruise on his arm and is complaining of abdominal pain where the seat belt contacted his body. Emergency Medical Responders (EMRs) are on scene and a responding ambulance has a 2-minute ETA. At this point, you realize that: A) you cannot leave until another EMT or paramedic arrives to assume care. B) you can leave the scene since the patient is stable and EMS is 2 minutes away. C) you can transfer care to EMRs since EMS is notified and 2 minutes from the scene. D) you can only transfer care to a paramedic once he or she arrives on scene.

A) you cannot leave until another EMT or paramedic arrives to assume care.

Which one of the following best illustrates the EMT's failure to meet the standard of care when treating a patient with chest pain? A) Assisting the patient in taking his heart medication B) Starting an IV on the patient C) Failing to notify the patient's primary care physician D) Failing to give the patient oxygen

D) Failing to give the patient oxygen

A diabetic patient has an elevated blood sugar (545 mg/dL) and requires an injection of insulin. Your EMT partner is also a diabetic and administers insulin injections to himself throughout the day as needed. Although the Scope of Practice lists nothing about EMTs giving insulin, your partner administers the insulin injection to the patient. The patient's blood sugar comes down and her condition improves. Which of the following is true? A) Because your partner used the patient's insulin rather than his own, he cannot be reprimanded. B) It was permissible for your partner to give the insulin since he is diabetic and knows how. C) Since the patient benefited from the insulin, your partner acted appropriately. D) Your partner violated the Scope of Practice and may have his certification revoked.

D) Your partner violated the Scope of Practice and may have his certification revoked.

A patient who is extremely dizzy and vomiting declines your care and will not sign the refusal form. Your best action would be to: A) have your partner sign on behalf of the patient. B) inform the patient that by law he must sign the form. C) have a family member sign as a witness to the refusal. D) document that the patient refuses to sign and leave.

C) have a family member sign as a witness to the refusal.

Your best protection when a patient refuses care or transport is to: A) contact the patient at a later time to see how he is doing. B) have your partner sign the refusal form as a witness. C) completely and thoroughly document the incident. D) inform the patient's family physician of what happened.

C) completely and thoroughly document the incident.

A 62-year-old male is short of breath. The EMT asks the patient if it would be okay to assess him, including taking his vital signs. The patient agrees. Which one of the following is true? A) Informed consent has been obtained by the EMT. B) The patient can be transported without further permission. C) The EMT has obtained expressed consent. D) A witness is needed for the patient's consent.

C) The EMT has obtained expressed consent.

What happens if you don't share your mother's finances?

If you choose not to share and your brother truly believes you are doing something illegal with your mother's finances, he will have to turn to a court for help. No matter what the power of attorney document says about making financial reports to others, you do have a legal duty to keep accurate and separate records for all transactions you make on ...

What happens if your brother is silent on the matter?

If the document is silent on the matter, your brother is out of luck unless you choose to share information with him. However, you might want to take a step back and assess whether you should extend an olive branch in your brother's direction.

What are the rights of a power of attorney?

With power of attorney, your Agent can legally sign documents, make healthcare decisions, and perform financial transactions on your behalf. Your Agent is legally obligated to act in your best interest.

How to take power of attorney away from someone?

If you wish to take power of attorney away from someone due to abuse or negligence, review the document with your lawyer and follow these steps: Consult the Principal — If they’re of sound mind, explain your concerns about the Agent to the Principal. They can remove or change their Agent verbally, but it’s preferable if they fill out ...

What to do if a principal refuses to revoke power of attorney?

An attorney can also work with experts to determine the Principal’s mental competence, and serve as a reliable support in what can be a difficult experience ...

What are the different types of power of attorney?

There are two main types of power of attorney: 1 Financial POA — A financial power of attorney is the standard POA form. It gives your Agent the authority to make financial decisions on your behalf. 2 Medical POA — A healthcare or medical power of attorney grants the Agent you appoint the authority to make decisions about your care if you are unable to do so.

What to do if a power of attorney refuses to stand down?

Prepare for Court — If the Agent refuses to stand down, and a competent Principal refuses to revoke the power of attorney, you will need to go to court. Your lawyer can petition the court to set aside the power of attorney and transfer guardianship or conservatorship to someone else while the case is ongoing. ...

What is a POA form?

There are two main types of power of attorney: Financial POA — A financial power of attorney is the standard POA form. It gives your Agent the authority to make financial decisions on your behalf. Medical POA — A healthcare or medical power of attorney grants the Agent you appoint the authority to make decisions about your care if you are unable ...

What happens if an agent refuses to stand down?

In the event that the Agent refuses, the role falls to the Alternate Agent named on the document. If no Alternate Agent is named, you will need to make a court application for a guardian and/or conservator to take care of the Principal’s interests. Prepare for Court — If the Agent refuses to stand down, and a competent Principal refuses ...

Who is Deb Hallisey?

Deb Hallisey is a caregiver knowledge expert. She earned this title helping her dad through his congestive heart failure and death. She continues to earn it as caregiver for her disabled mother. Deb brings a unique perspective to this educational blog. She has over twenty-five years’ experience as a consultant with Ernst & Young and Huron Consulting Group along with smaller boutique firms building and enhancing corporate training programs. Deb is an educator with a passion for helping others advocate for older adults and their families. Read more about Deb.

Can a hospital witness a power of attorney?

However, hospitals often allow their staff to witness a Healthcare Power of Attorney document.

Does New Jersey require a power of attorney?

New Jersey does not require that the Durable Power of Attorney document be completed by an attorney. Since dad had downloaded and revised the online form, I brought it to the hospital for him to sign, a friend met us there to notarize it and two family members served as witnesses.