why do i have to give the nursing home a copy of my moms general power of attorney

The power of attorney is not signing on to take liability for the individuals life and outcomes, but rather is helping the nursing home resident make decisions and take actions because that elderly person can no longer do this on their own.

Full Answer

What does power of attorney give you authority over?

A power of attorney gives one or more persons the power to act on your behalf as your agent. The power may be limited to a particular activity, such as closing the sale of your home, or be general in its application. The power may give temporary or permanent authority to act on your behalf.

What are the disadvantages of power of attorney?

DisadvantagesYour loved one's competence at the time of writing the power of attorney might be questioned later.Some financial institutions require that the document be written on special forms.Some institutions may refuse to recognize a document after six months to one year.More items...

Can a family member override a power of attorney?

If the agent is acting improperly, family members can file a petition in court challenging the agent. If the court finds the agent is not acting in the principal's best interest, the court can revoke the power of attorney and appoint a guardian.

What 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.

Is it worth having a power of attorney?

Indeed a power of attorney is vital for anyone – regardless of age – who has money and assets to protect and/or who wants someone to act in their best interest in terms of healthcare choices should they be unable to make decisions for themselves.

What is the best power of attorney to have?

You can write a POA in two forms: general or limited. A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care.

Can power of attorney speak to Doctor?

A General Power of Attorney, Enduring Power of Attorney and Property & Affairs Lasting Power of Attorney does not give you authority to talk to the doctors about the donor's medical care. The Health & Welfare Lasting Power of Attorney can only be used if the donor loses mental capacity.

What are the two types of power of attorney?

There are 3 different types of power of attorney: lasting power of attorney (LPA), enduring power of attorney (EPA) and ordinary power of attorney.

What did the nursing home not know about the POA?

Unfortunately, what the nursing home did not know was that the son who was named as agent under the POA had a severe drug addiction. He also lived in the home owned by his mother. That addiction led to the son using one million dollars of his mother’s money to support his drug habit.

How to protect elderly parent in nursing home?

If your elderly parent is in a nursing home and your family dynamics are not unlike what I’ve described here, be your parent’s advocate. Don’t accept the nursing home’s representation that it is a “turn-key” operation. A properly drafted power of attorney should be written by an experienced elder law attorney who practices in the area of elder law and estate planning. Whether it is the care of your parent or the protection of their legal rights, you must remain vigilant. Consult with an experienced estate planning attorney about doing what is in your elder’s best interests. At Cipparone & Zaccaro, we can help you and your parent in this type of situation.

Does a nursing home need an attorney to prepare a POA?

In the POA, the woman appointed her son as agent. When her children asked the nursing home about the POA, the home told them that their mother did not need an attorney to prepare the POA because once their mother enters the home, they will take care of everything. In other words, the nursing home was a “turn-key” operation.

Do nursing homes need a power of attorney?

Many nursing homes will draft a power of attorney for their residents. Doing so is often framed as saving money. However, if a power of attorney is done without an examination of the circumstances, it can cost many times more money than it saves. A recent publication of the National Academy of Elder Law Attorneys ...

Did the nursing home pay for the mother's care?

At some point, the other children found out that the nursing home was not being paid for the mother’s care. Unfortunately, three years had gone by before this discovery. The nursing home threatened to evict the mother from their facility. She only had $30,000.00 remaining in liquid assets.

Can a POA save attorneys fees?

Most people believe that POAs are simple documents and it could save attorneys’ fees to have nursing homes prepare a resident’s POA. The story I’ve told above illustrates how terrible the outcome could be when a nursing home engages in this kind of practice.

What are the rights of a nursing home?

These cover rights added in 2016 (some of which did not phase in until 2019), including the rights to sue the nursing care facility, have any visitors at almost any time, and have property safeguarded. 1 

Why are nursing homes public record?

Because court proceedings are on the public record while arbitration proceedings are private , nursing homes now have a greater incentive to provide high-quality care, and consumers have more information about which homes to avoid.

What is the right to be treated with dignity and respect in a nursing home?

Federal law protects nursing home residents’ “right to be treated with dignity and respect,” which includes making decisions, such as what time to go to bed and get up, what time to eat meals, and what activities to do during the day, as long as these decisions don’t conflict with the care plan.

What is the assessment for a nursing home?

When a patient first enters a nursing home, they undergo a health assessment, and assessments continue daily for the length of the stay. 4  The patient’s doctor and the nursing home’s staff will evaluate the patient’s physical and mental health, medications, ability to manage daily tasks (e.g., getting dressed, eating, bathing, using the toilet, etc.), and ability to speak and make decisions. 5 

What to do if nursing home violates civil rights?

If you suspect a nursing home has violated this civil rights law, you should report the facility to your local long-term care ombudsman and to the agency that regulates nursing homes in your state. Medicare offers an official complaint form .

What is a vulnerable person in a nursing home?

People who reside in nursing homes are in vulnerable positions. Many residents need frequent or constant personal or nursing care. For example, some chronically ill residents need full-time medical assistance, whereas some disabled persons only need help with daily living activities .

Can a nursing home manage money?

While a nursing home may offer to manage a resident’s funds as part of its services, it can’t require a resident to let it manage their money , nor can it serve as a financial custodian without the resident’s written consent. Even if the resident gives consent, the nursing home must provide quarterly financial statements, and it cannot prevent such individuals from accessing their bank accounts, cash, or financial documents. Further, if a resident deposits more than $50 into a managed account, that account must pay interest.

Who is an alternate agent?

Any person you cite as an alternate agent in the event your initial agent is unable or unwilling to serve in the role. Your other health care providers. The health care institution that is providing you with care. Family members, such as a spouse, sibling, or children.

Do estate planning attorneys have copies of documents?

Perhaps most importantly, your attorney should have copies of all of your estate planning documents. That way, if something happens to you, your loved ones know where to turn for guidance. We have filled this important role for many clients and their families in the past. We are here to help you as well. Check out our client testimonials page today to learn more.

Why do we need a power of attorney?

A power of attorney should be created to appropriately represent the specifics of the unique circumstances and the decisions and care that need to be made on behalf of the person. “People should stay away from the internet and have a power of attorney custom drafted to your circumstances,” Furman advises.

Who determines the type of powers to grant their agent in the power of attorney document?

The principal determines the type of powers to grant their agent in the power of attorney document, which is why it should be drafted by an experienced attorney in the court so that it covers the principal ’s unique situation.

What is Durable Power of Attorney?

What Does a Durable Power of Attorney Mean?#N#In regard to a durable POA, the word “durable” specifically means that the effectiveness of the assigned power of attorney remains in effect even if the principal becomes mentally incompetent. Typically, there are four situations that would render powers of attorney null and void: 1 If you revoke it 2 If you become mentally incompetent 3 If there is an expiration date 4 If you die

What does "durable" mean in POA?

In regard to a durable POA, the word “durable” specifically means that the effectiveness of the assigned power of attorney remains in effect even if the principal becomes mentally incompetent. Typically, there are four situations that would render powers of attorney null and void: If you revoke it.

What is the fiduciary obligation of a power of attorney?

By law, the agent under a power of attorney has an overriding obligation, commonly known as a fiduciary obligation, to make financial decisions that are in the best interests of the principal (the person who named the agent under the power of attorney).

Why do people hesitate to get a power of attorney?

People hesitate towards getting a power of attorney because they are worried that the agent will mismanage their affairs and assets. Legally, your agent shouldn’t do something that is not in your best interests — that is their fiduciary obligation to you as your agent.

What does it mean to get a power of attorney from the internet?

Getting a power of attorney document from the internet means that you could be paying for a document that:: “If a power of attorney is ambiguous it is ripe for challenges and interjections,” Furman says. “The issue is that when problems with a power of attorney are discovered it is usually too late to do anything about it.”.

Why do nursing homes need a power of attorney?

The power of attorney is not signing on to take liability for the individuals life and outcomes, but rather is helping the nursing home resident make decisions and take actions because that elderly person can no longer do this on their own.

What does a power of attorney do for a nursing home?

For nursing home bills, this means that the power of attorney is paying bills by signing over checks, signing contracts and more, on behalf, and from the resources, of the person who will be in the care home.

What happens if you sign on as a financially responsible person for a nursing home bill?

If you sign on as a personal financially responsible person for the bills because your contract states that, you will find yourself in a tough situation where the nursing home will claim that you have personally accepted this liability.

What insurance is used to pay for nursing home?

Whatever health insurance the nursing home resident has, including Medicare, Medicaid, long-term care insurance and private health insurance, will be applied to the bill each month.

What is a power of attorney?

The power of attorney is responsible for taking care of the logistics of bill payment. This is a person who therefore is helping to conduct the physical tasks of the resident’s normal day to day functions and the decision making process.

What is a care home contract?

When you initially sign up for a care home, you will have a contract that lays out the rules of your specific costs and payment plan rules and expectations.

Can a nursing home accept liability for a nursing home bill?

When the nursing home has you accept liability for nursing home bills, they are ensuring that you are liable to use the resident’s own funds to pay the bills which you have control over as the power of attorney, not to pay the bills with your own personal funds.

Can you walk out of a nursing home?

The nursing home may or may not be within its rights and certainly any removal from the facility must be safe and meet your mother's needs. I strongly recommend you walk don't run to consult an elder law attorney to get a better understanding of your mother's, nursing home's, and your rights and obligations and appropriate procedures to ensure you can visit reasonably but your mom and the nursing home...

Is a nursing home legally obligated to not discharge a resident?

Posted on Nov 21, 2013. A nursing home is legally obligated to not discharge a resident unless there is a discharge plan in place which ensures the resident's safety. Before you hire a lawyer, I suggest you retain the services of a geriatric care manager to act as an advocate for your mom.