I am incredibly frustrated with my husband’s health insurance. I am my husband’s POA for healthcare, guving me all healthcare decision powers. The POA was created by a lawyer and signed by him long before my husband was ill. I even have our doctor to certify that my husband has dementia and cannot speak on the phone to give them permission to speak on his behalf. The insurance wants the POA to be “court stamped.” Why is that necessary? How do I get it court-stamped? I am so frustrated!
I would call the insurance again and see if someone different tells you something different. Sending them a copy of the POA should be enough.
You state that "I am my husband’s POA for healthcare, giving me all healthcare decision powers." What you are describing is a "Medical POA" and not a “Financial POA”.
A “Medical POA” or “POA for Healthcare” is a power of attorney that allows someone to make health decisions on behalf of the principal (the person granting the POA) if they are unable to do so. It does NOT permit anyone to make financial decisions on behalf of that person. (Such as talking with that person's insurance company in order to make a decision or change the insurance policy or activate insurance benefits.)
A “Durable POA” is a financial power of attorney that allows someone to make financial decisions on behalf of the principal (the person granting the POA) if they are unable to do so. And it also has a provision that states that the document will remain valid and in effect if the principal (the person granting the POA) becomes incapacitated and unable to make their own decisions. If it doesn't contain that provision of durability, the POA will end when the person is deemed incapacitated.
In order for you to be able to handle your husband’s finances, you need a “DURABLE POA for FINANCES” or “Financial DPOA”. Unfortunately since your husband has Dementia, I think that you need to talk with an Elder Care Attorney as soon as possible and ask if your husband is still competent enough to assign you as his “Durable POA for Finances”.
Also, if you are going to take care of your husband’s Social Security finances, you will need to have him appoint you as his “Representative Payee” for Social Security. Copy and paste thee websites to your browser:
https://socialsecurityintelligence.com/social-security-power-of-attorney/
https://www.ssa.gov/pubs/EN-05-10076.pdf (Social Security Administration publication called "A Guide For Representative Payees".)
I suggest that you contact your attorney or an Elder Care Attorney and ask if the POA document that you have is only for Healthcare decisions or whether it is also for making financial decisions for your husband.
I have looked at both my POAs and there is no stamp. My State, NJ, does not require POAs to be filed. Maybe they should but they don't. I have had no problems handling Health insurance questions. I just send them a copy of the POA.
If your POA has no stamp, then call your County Court and see if they can stamp it. Then its just a matter of getting to that office to get it done. Since legal papers are done on 14 in paper, I had mine shrunk to 8x11. Easier to mail or scan to email.
Filing this with the County Clerk makes it public record and puts you and husband at risk of fraud. I would talk to the corporate office of the insurance company and ask them to put this in writing if it is really required. I can't imagine that a notarized DPOA prepared by an attorney isn't sufficient. Or ask if they have a form, public records is such a risk at this stage. My dads insurance had him sign a release, just a signature, saying they could talk to me. Doesn't make any sense. Ask again. I found I couldn't ask to speak to a persons supervisor because I just get a coworker that jerks me around. I always call separately and ask for management, keep names and dates with a brief outline of the call.
If it smells fishy, might be.
Mississippi does this. It gets filed at Chancery Court in the Courthouse based on your judicial district. It’s a time date stamped filing. CH scans it & gives you it back with the blue (usually) seal, time date stamp and PPIN # if you own property.
I’m also going to disagree that having a POA recorded opens you up to fraud. That’s not true at all.