Pam is correct: One cannot transfer a POA from the person named in the document to someone else, unless the document gave them that power (which would be very unusual). As she said, if your mom is competent to understand the POA and what it does, you can prepare a new POA and have her sign it.
She would need to execute a new POA naming him and cancelling the previous POA if she is competent to do so. A few POA's do have a clause allowing you to delegate, but you need to read the papers to see if they say that. Her BIL would also need a Health Care Proxy, find a new MD and apply for Medicaid IF she is on Medicaid. Do NOT put her on an airplane, the fluctuating cabin pressures will make her dementia much worse. Talk to her current MD about how to safely transport her.
FYI Tennessee Medicaid has extremely low income limits. They will deny her if she has more than $721 per month in income. TennCare is a real mess right now and under federal investigation. She may find herself without coverage.
BC, I am glad that Pam, is aware of Tennessee's issues. Many do not understand that each state has it's own set of regulations. Arizona has 4 POA'S one has to have. The other issue is, if she has been diagnosed, it seems at the point she was able to comprehend the paper,she was of sound mind and body, which, is she now? I would also like to understand why do you need to move it? if the person who now resides in CA, can still be POA, and the brother in law is in TN, why change the POA. Do you need to move, or is someone ill? There may be other options available. Ask, ASK, ASK. I have found, at times, having taken care of my mother with Alzheimer's, and had done her POA'S early on look into all options. I know when I did my mom's I named a second person, in case I was unable or died. If you did not do that, for anyone doing this, even spouces, do it, in case of this happening. I can say, I look at life as a blessing, yet, in case a bus hits me tomorrow, who did I want to care for my mom in case I was unable to.
You should still be able to have POA, and give the Dr's Copy's, and even with HIPPA laws, stay within the law.Again ask, if you were to die ( GOD FORBID) tomorrow, who would speak on her behalf, who would be able to give the OK, on medical issues, sometimes when one asks with huge, terrible issues, you can get the answers.
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I am glad that Pam, is aware of Tennessee's issues. Many do not understand that each state has it's own set of regulations. Arizona has 4 POA'S one has to have. The other issue is, if she has been diagnosed, it seems at the point she was able to comprehend the paper,she was of sound mind and body, which, is she now?
I would also like to understand why do you need to move it? if the person who now resides in CA, can still be POA, and the brother in law is in TN, why change the POA. Do you need to move, or is someone ill? There may be other options available. Ask, ASK, ASK. I have found, at times, having taken care of my mother with Alzheimer's, and had done her POA'S early on look into all options. I know when I did my mom's I named a second person, in case I was unable or died. If you did not do that, for anyone doing this, even spouces, do it, in case of this happening. I can say, I look at life as a blessing, yet, in case a bus hits me tomorrow, who did I want to care for my mom in case I was unable to.
You should still be able to have POA, and give the Dr's Copy's, and even with HIPPA laws, stay within the law.Again ask, if you were to die ( GOD FORBID)
tomorrow, who would speak on her behalf, who would be able to give the OK, on medical issues, sometimes when one asks with huge, terrible issues, you can get the answers.
Good Luck, Be Well!!!!