what kind of power of attorney do i need if my mother is in the nursing home

You cannot get a power of attorney over her if she has dementia. You would need to get a guardianship of person to be able to move her into a nursing home. Additionally, you would need a conservatorship to be able to take possession of her Social Security check, so that you can make sure her money is being spent on her care.

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

 · 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 my mother give power of attorney to my brother?

A: There are two kinds of powers of attorney in general use. The first is known as a "general" power of attorney, and it is used to access bank accounts, sign checks, buy and sell real estate, and so on, in the name of the "principal" (that is, the person signing the power of attorney). The other kind is a "medical" or "health care" power of attorney, which gives the "agent" (the person …

How do I set up a power of attorney for my parents?

 · General Power of Attorney. This type of POA gives the agent broad rights to manage the affairs of the principal. It lasts for a specified time, which can be noted in the document. It can also be revoked by the principal at any time and will automatically end when the principal is determined to be incapacitated.

When do you need a medical power of attorney?

 · Get your Guide. Yes, at least in theory. As a practical matter, the question has to do with your mother’s competency. By granting a power of attorney to your brother, your mother did not give away her rights. Furthermore, if it’s a financial and legal power of attorney, rather than one for health care, the power of attorney has nothing to ...

How do I get power of attorney over my elderly parent?

The first step to getting power of attorney over an elderly parent is to research powers of attorney, understand how these documents work in your s...

What are the four types of power of attorney?

The four types of power of attorney are limited, general, durable and springing durable. Limited and general POAs end when the principal becomes in...

Can I get a power of attorney if my parent has dementia?

No, if your parent already has cognitive impairment, they can’t legally sign the documents required to set up a power of attorney. This is one reas...

What are the disadvantages of a power of attorney?

The biggest drawback to a power of attorney is that an agent may act in a way that the principal would disapprove of. This may be unintentional if...

Is power of attorney responsible for nursing home bills?

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,...

What is a power of attorney?

A: There are two kinds of powers of attorney in general use. The first is known as a "general" power of attorney, and it is used to access bank accounts, sign checks, buy and sell real estate, and so on, in the name of the "principal" (that is, the person signing the power of attorney). The other kind is a "medical" or "health care" power ...

Can a power of attorney give access to medical records?

Thus, in most cases, the general power of attorney will not give the agent access to medical records. However, there are exceptions for family members and caregivers under the federal health care privacy act (HIPAA) that could allow the daughter access to the parent's medical records if disclosing such information is directly relevant to ...

Why do you need a power of attorney for your parent?

Arranging a power of attorney for your parent is a good way to open up a discussion with them about their wishes and needs for the future. Jeter continues, “Having those respective POAs in place means that an elderly parent has had time to think about what they really want for their medical care and their finances when they aren’t coherent to make such decisions.”

What is a power of attorney?

At its most basic, a power of attorney is a document that allows someone to act on another person’s behalf. The person allowing someone to manage their affairs is known as the principal, while the person acting on their behalf is the agent.

Can a parent revoke a POA?

Your parent can also revoke a POA at any time as long as they aren’t incapacitated. Despite these safeguards, you should always appoint someone your parent trusts to act as their agent. Appointing a power of attorney can also cause problems within families. People may be upset that they weren’t appointed as the agent.

Is a POA good for older adults?

Potential Downsides to Power of Attorney. There are many reasons why a POA is useful for older adults and their families, but they’re not without downsides. A POA gives someone control over your parent’s affairs, which can leave them open to abuse or financial exploitation.

Is a power of attorney necessary for a trust?

Under a few circumstances, a power of attorney isn’t necessary. For example, if all of a person’s assets and income are also in his spouse’s name — as in the case of a joint bank account, a deed, or a joint brokerage account — a power of attorney might not be necessary. Many people might also have a living trust that appoints a trusted person (such as an adult child, other relative, or family friend) to act as trustee, and in which they have placed all their assets and income. (Unlike a power of attorney, a revocable living trust avoids probate if the person dies.) But even if spouses have joint accounts and property titles, or a living trust, a durable power of attorney is still a good idea. That’s because there may be assets or income that were left out of the joint accounts or trust, or that came to one of the spouses later. A power of attorney can provide for the agent — who can be the same person as the living trust’s trustee — to handle these matters whenever they arise.

What is a medical POA?

A medical POA is different from a living will , which states what medical procedures a principal does and does not want done. In the case of a medical POA, the agent can make all health care decisions for the principal. Because of this, your parent needs to make their wishes known to the agent before they’re incapacitated. The American Bar Association has detailed information available about medical powers of attorney and the process of giving someone that power.

What is the best document to prepare for an aging loved one?

There are two separate documents you’ll likely need as part of comprehensive planning for your aging loved one. The first is a financial POA , which provides for decisions regarding finances and for the ability to pay bills, manage accounts, and take care of investments. The second is an Advance Healthcare Directive, which is also known as a “living will” or a “power of attorney for healthcare.” This document outlines who will be an agent for healthcare decisions, as well as providing some general guidelines for healthcare decision-making.

Shelley Ann Elder

You mention a power of attorney - do you already have one signed by your mother, or are you trying to obtain one? You cannot get a power of attorney over her if she has dementia. You would need to get a guardianship of person to be able to move her into a nursing home.

Joseph Franklin Pippen Jr

I agree with seeking a guardianship of your mother. It appears that even if you do have a POA-it has not been effective in helping your mother.

Glen Edward Ashman

Unless you already have a POA it is too late to get one now. A POA may help with the SS check. But it will not help with the rest of the problem. Sit down with a lawyer to discuss seeking a guardianship/conservatorship in Probate Court.

Robert M. Gardner Jr

If you already have a power of attorney over her finances, you can intervene with Social Security to stop the brother from getting the check. However, has her well being is at risk, you should seek to become the guardian of her person and (if you don't already have a power of attorney) her property.

Drew Norman Early

Go with a guardianship to make the decision for her re: her health and a conservatorship to protect her funds.

John Arnold Steakley

Do you HAVE a POA already? Because if you don't, it's too late now. You need a conservatorship.

Can I put my mother in a nursing home without a POA?

Actually, power of attorney is not sufficient to place your mother in a nursing home if she refused to go. And if she agrees to go, you can arrange that without POA. My mother is in a nursing home and she has not named any one as POA. It is definitely worthwhile to have power of attorney, but I'm not sure that is going to solve ...

Is it worth having a power of attorney?

It is definitely worthwhile to have power of attorney, but I'm not sure that is going to solve the problem you are trying to solve.

What can an adult child do when their parent insists on living independently?

What’s an adult child to do when their aging parent insists on living independently? The only way you can legally force someone to move into a long-term care facility against their will is to obtain guardianship (sometimes called conservatorship) of that person.

How to get guardianship of an elderly person?

In some cases, a family member will initiate this proceeding, or the county’s adult protective services (APS) agency will petition the court to have a guardian appointed. The latter typically happens when a neighbor or other concerned party reports that a senior is experiencing elder abuse or neglect, whether it is at the hands of someone else or self-imposed.

What is the principle of guardianship?

According to the National Guardianship Association, the guiding principle in all these cases is to use the least intrusive measures and assure as much autonomy as possible for the respondent. The guardian’s authority is strictly defined by the court and the guardian may not operate outside that authority.

Can a judge rule in favor of guardianship?

If everyone in the process agrees that the elder lacks rational decision-making capabilities and the petitioner is a responsible and trustworthy individual capable of functioning as a guardian, the judge will rule in favor of guardianship. The court may place any kind of limits on a guardian’s authority over the ward.

Do courts favor caregivers?

In some cases, the courts do favor the concerned caregivers who petition for guardianship. However, a perfect storm of events must occur for this to happen. A court-appointed representative will conduct a comprehensive analysis of the family.

Who is involved in guardianship?

Any attempt to take over the rights of another individual is costly and time-consuming, and the process may not have a favorable outcome for the person seeking guardianship (known as the petitioner). Judges, lawyers, psychologists, neuropsychiatrists and APS staff are often involved.

Can an elder leave?

On the other hand, “If the elder does not have the mental ability to make rational decisions, we won’t let them leave,” Abrams assures. “A psychiatrist will evaluate the resident and, if they find that the resident lacks sufficient mental capacity and will be unsafe living on their own, we say, ‘Sorry but we can’t let you go.’ It’s a tricky situation, because oftentimes, the resident becomes more challenging to manage.”