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Worriedspouse Asked April 2019

POA for healthcare and health insurance; insurance wants the POA to be “court stamped.” Why and how do I get this?

I am incredibly frustrated with my husband’s health insurance. I am my husband’s POA for healthcare, guving me all healthcare decision powers. The POA was created by a lawyer and signed by him long before my husband was ill. I even have our doctor to certify that my husband has dementia and cannot speak on the phone to give them permission to speak on his behalf. The insurance wants the POA to be “court stamped.” Why is that necessary? How do I get it court-stamped? I am so frustrated!

Sunnygirl1 Apr 2019
I'm no expert, but, some states allow the POA be registered with the county register of deeds office. It's recorded and assigned a page and book number. Usually, available on line. It's not uncommon. It's just a matter of taking it down and recording it with the clerk. Most places that I know, didn't care about that, but, since some do, I recorded it anyway. Just a little cost in my state.

igloo572 Apr 2019
Worried - could it be your state is one that requires POAs to actually be recorded at the courthouse to be considered valid?

Mississippi does this. It gets filed at Chancery Court in the Courthouse based on your judicial district. It’s a time date stamped filing. CH scans it & gives you it back with the blue (usually) seal, time date stamp and PPIN # if you own property.
worriedinCali Apr 2019
No, California does not require POAs to be recorded in order to be valid.

I’m also going to disagree that having a POA recorded opens you up to fraud. That’s not true at all.

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Isthisrealyreal Apr 2019
Have you talked with only one person? I have found that you are not always dealing with people that know what they are doing.

Filing this with the County Clerk makes it public record and puts you and husband at risk of fraud. I would talk to the corporate office of the insurance company and ask them to put this in writing if it is really required. I can't imagine that a notarized DPOA prepared by an attorney isn't sufficient. Or ask if they have a form, public records is such a risk at this stage. My dads insurance had him sign a release, just a signature, saying they could talk to me. Doesn't make any sense. Ask again. I found I couldn't ask to speak to a persons supervisor because I just get a coworker that jerks me around. I always call separately and ask for management, keep names and dates with a brief outline of the call.

If it smells fishy, might be.
JoAnn29 Apr 2019
I agree. I think an employee is getting a Notary stamp mixed up with a Court Stamp. They have no idea what they are talking about. I have done the same thing, called back, got a different person, different answer.
JoAnn29 Apr 2019
Her Medical POA should be enough for Medical insurance.

I have looked at both my POAs and there is no stamp. My State, NJ, does not require POAs to be filed. Maybe they should but they don't. I have had no problems handling Health insurance questions. I just send them a copy of the POA.

If your POA has no stamp, then call your County Court and see if they can stamp it. Then its just a matter of getting to that office to get it done. Since legal papers are done on 14 in paper, I had mine shrunk to 8x11. Easier to mail or scan to email.
worriedinCali Apr 2019
Her insurance has told her the POA needs a court stamp. She doesn’t need to call them court, needs to take it to the county recorder. Easy leash. We don’t even know who her insurance is so we shouldn’t telling her that her medical POA should be enough, when clearly it isn’t.
DeeAnna Apr 2019
When you file a POA document with the County Court, the County Clerk stamps the document with the date it was filed. The POA copy that has the stamp (usually in the upper right-hand corner of the document) is called a "court-stamped copy".  

You state that "I am my husband’s POA for healthcare, giving me all healthcare decision powers." What you are describing is a "Medical POA" and not a “Financial POA”. 

A “Medical POA” or “POA for Healthcare” is a power of attorney that allows someone to make health decisions on behalf of the principal (the person granting the POA) if they are unable to do so. It does NOT permit anyone to make financial decisions on behalf of that person.  (Such as talking with that person's insurance company in order to make a decision or change the insurance policy or activate insurance benefits.)

A “Durable POA” is a financial power of attorney that allows someone to make financial decisions on behalf of the principal (the person granting the POA) if they are unable to do so.  And it also has a provision that states that the document will remain valid and in effect if the principal (the person granting the POA) becomes incapacitated and unable to make their own decisions. If it doesn't contain that provision of durability, the POA will end when the person is deemed incapacitated.

In order for you to be able to handle your husband’s finances, you need a “DURABLE POA for FINANCES” or “Financial DPOA”. Unfortunately since your husband has Dementia, I think that you need to talk with an Elder Care Attorney as soon as possible and ask if your husband is still competent enough to assign you as his “Durable POA for Finances”. 

Also, if you are going to take care of your husband’s Social Security finances, you will need to have him appoint you as his “Representative Payee” for Social Security. Copy and paste thee websites to your browser:

https://socialsecurityintelligence.com/social-security-power-of-attorney/

https://www.ssa.gov/pubs/EN-05-10076.pdf         (Social Security Administration publication called  "A Guide For Representative Payees".)

I suggest that you contact your attorney or an Elder Care Attorney and ask if the POA document that you have is only for Healthcare decisions or whether it is also for making financial decisions for your husband.

worriedinCali Apr 2019
Courts may not “oversee” POAs but you can file a POA with the court and get it court stamped. It can be do with the county clerk.

JoAnn29 Apr 2019
Never heard of such thing as court stamped. Courts don't oversee POAs. Do you think they mean notarized. Or a Medallon? I had to get a Medallon thru my bank for Prudental who held Moms shares. This is like a notarization. Call your county court and see if they have ever heard of this. Maybe the rep mixed up POA with guardianship.

I would call the insurance again and see if someone different tells you something different. Sending them a copy of the POA should be enough.

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