my father Doctor wrote a letter that he is a vulnerable adult and his PoA needs to be invoked to make financhal and medical decisions in November. i was unaware of it cause I was on bed rest and recovery from knee and hip replacement and it’s now June and I haven’t done it yet. is it a requirement of a POA to invoke it,
If you are the POA and weren't available when this happened the doctor may, seeing the proverbial writing on the wall have been covering both his or her butt and yours as POA by putting that in writing. Or maybe this was their way of letting you know it’s time because your father wasn’t having it but whatever the case, providing you are indeed the POA I would start taking an active role in both your fathers financial stuff and medical appointments/info without simply “taking over” if you can so it doesn’t get contentious with your dad and if he is strongly resistant remind him that he put things in place and trusted you and his doctor to know when the time had come, you are only following his wishes and protecting him As best you can.
You need to be clear what help your father needs, because as his POA you are responsible for making those decisions and arrangements. You need to be certain his bills are paid, he is safe and cared for, getting regular meals and medical care as needed. I assume you do not live nearby or you would likely be involved already.
If you are not close enough to show up for any significant events that require making informed or urgent decisions, or complex planning, you should discuss the situation with the extended family and determine if you are the best person for this role. Being his POA can be done remotely but you need to be available in an emergency. That means everyone involved in his care must be able to contact you.
With my parents, I bullied them into giving me medical POA in an emergency situation. It was witnessed but not notarized, and was acceptable to the hospital staff and their doctors. We used the Durable POA a few years later to take over bills and decision making. Since it was properly written for our state by their lawyer, it was a simple matter to inform the necessary parties and provide the documentation. This includes banks and other accounts, residential concerns, all health care providers, home help, scheduling any appointments for personal care (hair, nails, PT, whatever), trips and travel even locally, shopping, social events and visitation. (I did have to restrict someone from visiting my mother.)
Please take this responsibility seriously and get involved, or turn it over to someone who can act on your father's behalf.
Begin helping him with these things to ease him into the situation rather than just stepping in and taking over unless that’s no longer reasonable.
Obtaining guardianship is much more involved and difficult as well as expensive. Hope you already have the POA.
There are Medical POAs, but I suspect there are far more Health Care Surrogate documents.
A Health Care Surrogate can make health related decisions if the person for whom they are a surrogate is unable to make decisions or doesn't want to.
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In this case, it sounds like the doctor is saying your father is incapable of making decisions for himself. The question is whether he is or isn't - and then looking to what documents he has prepared (e.g., POA, Health Care Surrogate, Living Will). If those documents already exist, they can be followed if your father is incapacitated or otherwise unable to make decisions for himself. If the documents don't exist, and attorney should be consulted. See https://www.naela.org/
If you feel you cannot make necessary, difficult decisions as they arise - and they will continue to arise - you might need to secure another person to manage / take on these legal responsibilities. It is not a criticism of you nor a negative that you may not be the person to manage these things. You need to do what is in your father's best interest. An 'outside' person (not emotionally attached) may be appropriate if no other family member available. Gena / Touch Matters
First, you should seek help from an elder care attorney licensed in your LO's state as each state law regarding POAs and other related matters depends on 1) that state's law, 2) how it was drafted (springing or non-sprining as one example) and 3) if signed by the person and the POA; as well as witnessed and notarized as your state likely requires.
A POA gives you authority to do what is outlined in the POA, the exact language here is of key importance as well as if there are any limitations such as a "springing" POA that ONLY allows X or Y if the person conferring the POA "lacks competency" perhaps (again depends on your state's law) to make medical or financial decisions or other decisions. If it is not a springing or other type of limited or to be invoked POA; you may have rights/power to step in now but DO NOT assume, get proper legal advice.
A POA however does NOT quash (terminate) the rights of the person conferring the POA. That is, even if you can step in; your LO still can do things as his/her rights are not terminated UNLESS a court determines they "lack competency" and you or someone else is appointed as their legal guardian.
This later step takes time to petition the court and for medical evaluations to be done. And this legal step is not fun, your LO may fight things and they are entitled to their own legal representation in the process. But this step may be necessary if you need to step in a big way (sell a house) and depending on how the original POA was drafted (do you have full power to do anything at the outset?)....
You might start with your area agency on aging for input as well as suggestions about licensed elder care lawyers in the state where you LO resides. Your LO's State Bar association can also identify licensed elder care attorneys in the state where you LO resides.
PS, just because you are the named POA; a POA can choose to relinquish that duty and to turn it over to the State to find guardian. Taking over to handle another's medical and financial arrangements (state/federal taxes, medical bills, perhaps application for Medicaid long term care coverage of a nursing home, handling the house/contents/yard, Social Security, retirement accounts, credit cards, other bills) is a lot. Lots of work, paperwork, tracking and not doing it correctly is no an excuse. Some things -- like applying for Medicaid -- have lots of rules and look backs (you cannot hide assets) -- and there is no do over.
You will need to have his physician put this in letter form on his clinic's official letterhead and then print it out. You will need to show it to banks and other financial institutions if you wish to now manage his affairs as his active PoA.
I just did this for my Mom. I had been operating, with her permission, as her Durable PoA. Now she has advancing dementia and memory issues and has poor judgment and executive skills so I am managing almost everything for her daily.
I needed this letter plus signed affadavits to manage her investments. Other medical clinics may require it. His bank will have a rigorous protocol as well. Having the letter means you now won't need to bring your Father with you to accomplish certain tasks.
Be sure to review the entire PoA document so that you know exactly what authorities you have on his behalf.
Concise and simple.