Question: If you have the Power of Attorney for a person what sort of paperwork do you need to keep, and are you authorized to make decisions re: the care of that person in an assisted living facility or nursing home if the person is still in his/her right mind?
Answer: Once the durable Power of Attorney for health care or finance is in place, the designated person who holds the Power of Attorney should keep as much documentation about the person as possible, including a list of their medications, physician's report including diagnosis, allergies, etc., advanced healthcare directive, POLST (physician's orders for life sustaining treatment), DNR (do not resuscitate) , family history, medical history, copy of the Will, bank information, mortuary information, etc. The Power of Attorney is authorized to make decisions re: the care of that person in an assisted living facility or nursing home even if the person is still in his/her right mind.
My answer to your question is based on my many years of being a long term care Administrator. If you need more specific information about these legal documents, I would suggest you contact an Elder Care Attorney in California, which can be found on ElderCareMatters.com.
Daniela Berindei, Administrator
Elite Elder Care
El Dorado Hills, California
916-267-1346
Member of the national ElderCare Matters Alliance, California chapter
Answer: We all can expect to age and none of us are immune to health crises that may leave us incapable of properly handling personal financial matters. You want to make certain that someone you have complete trust in (known as your agent) will manage your affairs if you are unable to do so. The Power of Attorney (POA) is a way to do this.
A POA is an extremely powerful document that your agent can use for a variety of Medicaid, estate and long term care planning needs, both foreseen and unforeseen. Once you choose your agent – someone you have full, total and complete trust in – your POA authorizes that agent to act on your behalf to perform such functions as drawing checks on your bank accounts for specific purposes, append signatures to routine correspondence, act as a signatory to real estate closings and buy and sell financial securities.
After your possible incapacity, your agent will be empowered to sign your name and is obligated to act in your best financial interest at all times and in accordance with your wishes.
Paul T. Czepiga, Esq., CELA
Czepiga Daly Dillman, LLC
Newington, Vernon, Wethersfield, CT
860-597-7995
www.CtSeniorLaw.com
Charter Member of the national ElderCare Matters Alliance, Connecticut chapter
Answer: The fact that your mother granted you and your brother her power of attorney is a good indication that she trusts the two of you (and is, perhaps, relying on you) to step in to protect her interests when you think protection is warranted. You should look into her situation and her finances as far as your power of attorney allows, while at the same time respecting whatever level of autonomy your mother is capable of exercising. It might be appropriate to enlist the input of her physician or other medical providers who are in a position to shed light on her medical condition. Hopefully, your mother has given her medical providers her written permission to share her health information with you. She may have done this in her advance health-care directive, her "HIPAA authorization," or other estate planning or health care documents. If she has not done so, her medical providers will probably decline to talk with you.
POSSIBLE ACTION STEPS: (1) Get clear with your brother on your specific concerns. (2) Agree with your brother on who (if anyone) should be consulted concerning your mother's medical condition and her finances. (3) Approach your mother with your concerns and let her know that you are there to make sure her interests are protected. If you can involve your mother’s physician or other family members or trusted individuals, that will probably promote her comfort level.
If your mother clearly understands that you are endeavoring to act in her best interest, she will probably appreciate the attention that you are focusing on her.
Scott Makuakane, Esq., CFP
Founding Partner, Est8Planning LLLC
Honolulu, Hawaii 96813
www.est8planning.com
Member of the national ElderCare Matters Alliance, Hawaii chapter, State Coordinator
Answer: If you are a professional who helps families plan for or deal with ANY of their elder care matters, then you owe it to yourself to be listed on America's #1 online source for "Elder Care Experts"….
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Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters, LLC
ElderCareMatters.com
