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M
Mnorwick Asked April 2023

What are the legal and financial obligations of a caregiver when a patient does not want to assign power of attorney?

Llamalover47 May 2023
Mnorwick: Perhaps you should retain an elder law attorney.

BurntCaregiver May 2023
There are none. When a person has financial POA it means that they administer another person's finances appropriately (paying their bills, looking after their accounts, property, etc...). If they have medical POA that means they make decisions about another person's health care decisions and they make sure a person is being adequately cared for.
Unless you have the POA or are a conservator/guardian you have no legal obligation to the person you're a caregiver to.

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ClaraKate May 2023
You are the caregiver and not the POA. So your only responsibilities are to provide physical care and light household duties (or whatever is specified in your contract) to your client. If he/she needs help with matters such as signing legal contracts and managing finances, contact his/her family members. If he/she has no family, contact your local DHHS or APS to request assistance for your client. The state can appoint an agent to manage his/her finances and sign contracts (usually an attorney or social worker/case manager who volunteers to perform these services for people in need).

NYCmama May 2023
If you are giving the best care possible, there are no legal and financial obligations of a caregiver who is not POA. Contact an attorney for a more comprehensive answer.

elmer1 May 2023
You need a lawyer and we are not lawyers.

Beatty Apr 2023
Falls? Potential injury? Worry about financial impacts? Or legal duty of care responsibilities? Worries about POA?

What's actually going on here?

cwillie Apr 2023
On your profile page you ask
"am I financially responsible if she falls as is hurt"

Not unless you are found to have cause her fall through an action or negligence. I've listened to some online training and they are told it's better to step back and let someone fall than risk injury to yourself and likely not prevent the fall anyway, I expect that's especially true when the person falling is 400lbs. And beyond that it would take someone who cares enough to file a suit, and it sounds as though the person you are caring for has no one in their life.

As for her other financial obligations - it takes time before those we owe money to will cut off services or threaten collections, and it sounds as though in this respect time is in her favour.

bundleofjoy Apr 2023
OP, you trying to get her to sign papers when death is imminent (she might die within 3-6 months) is also suspicious. i hope no lawyer helps you with this (i'm a lawyer). it's like trying to get access to the money before the will & inheritance kicks in.

the fact that she refused to sign, is a VERY good sign. it means her head is still in the right place in some ways.

again, contact her family and APS if you aren't able to care for her.
NorasDaughter May 2023
Are you reading too much into the question? I don’t see this as the caregivers agenda.
JoAnn29 Apr 2023
Are you a paid aide, no relation to Julie. If so, you do not get financially involved in this persons life. I don't know how you care for a 400lb person. Are you there 24/7 or just an 8 hour shift.

This woman is going to need more care as she gets worse. She will need hospice. If she has no family, I would call in APS to evaluate her situation. This way she has someone who can legally help her. You do not have that authority. It does not mean they will take her out of her home, just means she may get more resources.

Geaton777 Apr 2023
This post should be moved to the Questions section, so I'm reporting it so that admin will do this.

bundleofjoy Apr 2023
hi wilson, OP says patient. and basically no family member will ever refer to that person as a "patient".

Wilson32 Apr 2023
I’m sorry if I missed something, but where does it say she’s a paid caregiver? Confused!

bundleofjoy Apr 2023
your patient is doing the right thing in not signing POA over to you, her paid caregiver. as i said, there's a conflict of interest when the hired caregiver has POA. many patients have been tricked into signing POA by their hired caregiver. i repeat, i'm very glad your patient hasn't given you POA!

if you can't care for her, call APS or the family; let APS/the State take over.

Geaton777 Apr 2023
None. Do not do any of her banking or bill paying for her unless you have a written contract with her outlining your paid tasks. Do not sign any contracts on her behalf. Do not pay anything for her with your own money.

As a caregiver you should report any vulnerability, neglect or abuse to APS. She needs someone to legally manage her affairs, so contact social services for her county to discuss options. Get her on their radar now since she has been given a terminal diagnosis of less than a year. Eventually, if she doesn't assign a PoA or Advance Healthcare Directive, then when her condition gets "bad enough" the county will acquire guardianship of her and then will take over all management. At that point they may transition her to a LTC facility, one that can accommodate someone who is 400 lbs, as stated in your profile. When guardianship happens, the county will probably replace you with someone else. It may happen sooner than that, just a heads up.

bundleofjoy Apr 2023
hi, you’re a hired caregiver, not family. it’s not a good idea for you to become POA. (if possible, POA should always be a family member). it’s a conflict of interest when it’s a hired caregiver. many POA-hired-caregivers have stolen from their patient.

i’m glad to hear the patient refused to sign POA!! verrrry good!!

if you can’t care for the patient anymore, contact the family and APS.

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