No POA are legal doc. That's good were ever that person goes as long as that the person wish. Most time papers due to mental disease can't be change it how the atty has drawn up the POA papers and it because it done before they become the stage that they can no longer make right decision because of illness. And no one esle can make them sign paper and not fully aware. If the person is in there right mind and want to change POA they can. Now having medical decision and there is not a living will for end stage life then you need to go to court and become medical surrogate and be able to state why you love once can't make there own choices and the doctors will have to have indicated this on paper before you can be granted this. At that point you become totally responsible for medical care and that different than POA
Cknutson: If your aunt was scammed by a "friend" I would try to go to the local police department and see if they prosecute elder scams. If they do, you might have a shot of getting some justice for your aunt.
However, if your aunt was using this woman to take her to her appointments etc because none of the family was close enough to do so or monitor the helpful friend, the door was open to a person who wants to manipulate your aunt. You really can not do elder care of a family member from some distant location, depending on unsupervised helpers is asking for problems of this kind.
In general, too many of our elders are left on their own to find helpers as they age and they are very vulnerable to all types of elder abuse. It is all about the family being present in the elder's life to help them as they age.
How legal is it for a trustee to go in to a rehab and have a mentally and U capable elderly woman change her trust to her with no witnesses, plus she had all papers filled out in her name POA, MPOA, HIPPA, without family knowing she had done any of this, as we live out of state, she was assisting her with appt's etc, she called herself a friend but I knew when I first met her she was after my aunts money, no one her lawyer or ours will give us the original trust, my aunt aunt had a Psych eval 2 days before and 2 days after, she was in no way able to do a new trust she didn't know what a bed was or the color blur, date, time year, etc, we head forensic handwriting experts examine the copies they agree she did not sign the document. What do we do every lawyer in San Mateo is lazy, the DA passed the buck and police won't assist, this woman got over a million dollars that were to go to others, they got nothing, my aunt at the time in 1995 has not changed the trust why now? Someone please help! I want to see this woman behind BARS.
There is a site access theconversationproject that has AMD template forms for each state. It is a great site resource and you don't have to have these motorized, but once your loved one signs, you should make multiple copies and keep it handy. File with all the drs, hospital, care facilities, POA assigned, etc. I read where one woman scanned such documents onto a Zip drive and gave to her children and had it handy on her keychain so it was with her for any medical emergency. I applaud such cleverness and forethought.
My MIL had an Ohio Health Care POA and when moving to Florida had to fill out different forms for Health Care Surragote which she was given by the hospital in Florida. I think the hospitals are all best with there own paperwork since they do not know if others are "legal". All other advance directives she had a lawyer help her with for Living Will and Financial POA. #2 comment.. Ferris 1 could you explaiin further the comment about SSA and a Representative Payee.
Every state has advance directives. Many of the forms are similar, but each may have a different format. I believe all states have forms regarding life sustaining treatment and these forms are used when someone enters a long-term care setting or has a hospital admission. These forms vary state to state, in Maryland they are MOLST, in Florida & Utah they are POLST-physician orders for life sustaining treatment. I have not had any issues with advance directives not being accepted if the person is out of the state they were completed in. You can check with the Area Agency on Aging or Bureau of Senior Services; they can give you information on specific requirements in that state.
We had a problem with a directive drafted in new york during an emergency in connecticut. I don't know if the ER personnel were mistaken or if there was actually a different form for CT. I think it would be wise to have all her legal papers reviewed when, or maybe even before, she moves.
The key here is that every state has different forms and different laws. Look for state-by-state advanced directives guidelines at Americanbar.org or go to your state's health department website.
Your mother is planning to move to Florida or Utah? Well, google each state and ask the question about their laws for advanced directives. Remember, Social Security DOES NOT recognize a POA. You have to be made a Representative Payee in order to have those funds paid into a separate bank account (Chase has one for this purpose) and account for where the monies are spent with a yearly accounting to SSA.
Definitely check if anyone is moving to Kansas. They are finally working on one state wide but until that is implemented it was up to individual if they would accept and more than likely if they accepted they would still make you complete a new one for that facility.
I would definitely ask an attorney who knows MD law. States can vary widely about what is required and you don't want any nasty surprises at a time of crisis. Better to have it all defined ahead of time. Good luck. Carol
I would ask an elder law lawyer to be sure in both FL and UT. I think both states probably have Advanced Directives for Health Care and POAs however, I do think each state has specifics on how they should be written, what has to be included so the document is recognized in each state.
However, if your aunt was using this woman to take her to her appointments etc because none of the family was close enough to do so or monitor the helpful friend, the door was open to a person who wants to manipulate your aunt.
You really can not do elder care of a family member from some distant location, depending on unsupervised helpers is asking for problems of this kind.
In general, too many of our elders are left on their own to find helpers as they age and they are very vulnerable to all types of elder abuse. It is all about the family being present in the elder's life to help them as they age.
Carol