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AbbyJo Asked April 2017

Can my parent who is in a nursing home give me permission to order medical tests if my sibling has POA?

EXPERT K. Gabriel Heiser Apr 2017
When person X gives person Y the ability to act on X's behalf (via a POA), that does not remove the power of X to (i) continue to act on their own behalf, and (ii) name someone else, i.e., person Z. In other words, your parent can name you as POA at any time, so long as your parent is mentally competent at the time.

RayLinStephens Apr 2017
Keep at it saffron - my DH's DIL recently was called upon by her father to assist him.

Another daughter had POA - but as long as the parent can prove he/she can make decisions, this can be changed to another person. Everything got changed to Kate and finally the old man got some real care and not just someone draining his estate.

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jeannegibbs Apr 2017
Would your mother be willing to change at least the Medical POA to you? This is often designated in a healthcare advance directive.

JoAnn29 Apr 2017
I agree. If Mom has her facilities she can give permission herself. If she doesn't than the POA can. Get a copy of the POA (facility should have it on file) if you are on it as a secondary they should be able to talk to you.

jeannegibbs Apr 2017
Does your sibling have Medical POA?
Is your mother competent to make her own decisions?
Will her insurance cover the tests?

AbbyJo Apr 2017
Hi there, my sibling has POA, I believe for everything. I'm listed as secondary POA but my sibling has instructed the nursing home to only take orders from themselves. My parent has lot some cognitive function but would definitely say yes to me helping them and would understand as well. My parent has Medicare/Medicaid. My sibling will not do anything for my parent and will not talk with me because of family disputes. I'm just trying to get my parent better healthcare.

AbbyJo Apr 2017
That's a good question. I'll have to find out. Thank you for your help.

AbbyJo Apr 2017
RayLinStephens & K. Gabriel Heiser....It helps to talk it out. My parent still have capacity to make decisions. So this is good. Thank you both.

Shane1124 Apr 2017
Medical tests require physician orders. Have you spoken to the NH doctor? Maybe I am misunderstanding but POA's don't order tests.

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