So does POA for medical care give us ability to make decisions that my mom AGREES with, or can we make decisions that she DISAGREES with? My mom needs in-home care or a move - but she refuses- but with POA can we “force” anything?? We don’t have guardianship.
I did read the POA and ours does not require a doctor’s authorization, but “incapacity” is the question- who decides??
For her Medical it only says that her PCP determines if she is incompetent. At that time the Medical comes into effect. I live in NJ, the POA is 10 yrs old now, 6 when I first placed her. I have never had problems with this POA.
I would read ur POA carefully. How does it read for when it is effective. I am surprised if there is not someplace it talks about not being able to make my own decisions.
If your Mom is capable of making her own decisions, I would say you don't have the ability to override her.
If Mom is showing signs of Dementia, and nothing is said in the POA, I would still want her evaluated and a letter saying she was incompetent of making informed decisions from the doctor. At that point, you can make decisions for Mom "in her best interest". So if she needs to be placed in an AL for her safety, then you have the authorization to do so. Yes, she may fight you, but she can no longer make that decision. She has assigned someone to make decisions for her when she is not capable to do so.
I went to an eldercare attorney for information prior to my care of Dad and was told I had everything to protect him before these things happened so do your homework and check multiple sources. Also check the specific banks for their business rules within their company. They said lawyers don't mention that part. When I investigated the banking incident, I was told it was their policy to approve withdrawal based on senior laws.
Since we were advised we had nothing left to do but go to court to recover his money and protect being able to make sure his medical care was met -most
important to carry out what he wanted done before LBD was more pronounced.
Current---We have gone to court for Guardianship and Conservatorship and won. We found out other things. It was like going through a messy divorce to get the power to take care of my dad and find where his money went to provide for his medical expenses. I wouldn't wish this experience on anyone -but I couldn't let this go without trying to get my dad the safety and financial resources back for care that he earned. No regrets regardless. Now time to move forward and keep the marriage together and her children from doing any further damage. He is doing as well as can be expected with LBD 2nd year.
actually gives you the authority to force her to receive care or relocate. But, legal guardianship can be very difficult and expensive to obtain. If she has dementia that's affecting her ability to make executive decisions, a neurology report indicating this fact will help. My mother's neurology report indicated that she needed 24/7 assistance. If you have valid concerns about her health and safety, I would contact the local Adult Protective Services (APS) for assistance and tell them your dilemma. An elder's self neglect is something that also needs to be reported. APS should be able to guide you in the right direction. The APS office in my town was very helpful for my family. They advised us to pursue the 24/7 assistance for my mother or they would get a court order to relocate her themselves. So, after trying video cameras and other recommended tactics to monitor her ultimately, we relocated her about 5 months ago. She wasn't very happy about it but at least we had the support of APS if anyone questions the decision.
Good Luck
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