clarae51 Asked April 2012

Can my able and competent friend speak for himself with a health and financial POA ?

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4-16-12 - my friend has given POA to someone who someone he barely knows and rarely sees. My friend has a speaking impediment due to a stroke resulting in aphasia. He needs this person to speak on his behalf. My friend is otherwise competent and capable but he also has cataracts and does not see well.

Some of his friends from out of state want to help facilitate things for him but cannot get past the assisted living facility which needs a release from the POA for any of us to do anything for him. We want to make an appt with opthamologist but the facility says we have to go through the POA, whom we have a hard time getting in touch with as well.

THe facility finally made an appt. and we want a friend to accompany him to the eye doctor so she can relay what the doctor says about follow up and other appts. The facility will not provide us with the date/time and thought they provide transport. they will not accompany him into the doctors office and due to the aphasia he cannot tell us what was said, what needs to be done, or when he has to come back. We don't even know if they have made the appointment at the doctor he was referred to.

If my friend asks the Assisted Living Facility to provide us with the name, date/time of the appointment, are they obligated to do so? THEY TELL US THEY WILL ONLY PROVIDE US INFORMATION IF THE POA TELLS THEM TO DO SO. My friend has not seen or heard from the POA in more than 2 months. What legal rights does he have? He is becoming extremely STRESSED over this situation.

Where do I find the answer to this question?

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jeannegibbs Apr 2012
It doesn't look like having a POA in the same state is doing him much good.

If he is competent to make decisions, it sounds like what he needs is someone to articulate those decisions for him.
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clarae51 Apr 2012
4-16-12 - thanks for the prompt response. I guess I neglected to mention: His initial caregiver in another state became ill and he went to live with another family member in Indiana. This POA helped the family member move him to Indiana. The relationship with the family member did not work out and was very destructive.

The family friend (not his friend) that had helped him move, helped him move a 2nd time to a new location in Indiana and IS THE ONLY PERSON MY FRIEND KNOWS IN THIS STATE. Because of the aphasia, his communication skills and limited vision he is totally indebted to and dependent on this person as his POA.

The POA did not ask to be a caregiver and has a full and busy life and does not seem willing to do any more than he did. The POA lives in Indiana. I LIVE thousands of miles away in another state. The Assisted Living Facility staff does not have time to help him except appts and things required by law. They won't allow his friends all of whom are aged and almost in the same condition who live on the east coast or the west coast to help without approval from the POA who we have a hard time getting in touch with.

If we get him to change his POA, he will have no one in that state that he knows to help him.

Any other suggestions would be helpful. ARE THEIR ORGANIZATIONS THAT CAN BE TRUSTED TO HELP SOMEONE LIKE THIS WHO IS COMPETENT BUT HAS DIFFICULTY VOCALIZING AND HAS LOW VISION. Would he have to turn over POA TO THEM?
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palmtrees1 Apr 2012
Good comment Jeanne, and I believe an "X" for his signature is all that is needed. I could be wrong but as long as the notary knows it is him and he has identification, I believe that is all he has to do. So have him appoint someone else. He does have to revoke the old POA. A good elder law attorney should be able to guide you through this. Good luck
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jeannegibbs Apr 2012
One right he has immediately, is to change POAs. He can revoke the current one at any time and establish an arrangement that is more convenient for him.
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