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My sister-in-law is my mother-in-law's medical power of attorney; however, she now works a job where she is not available to answer questions related to my mother-in-law's care (she is now 93 and having more issues). My sister-in-law wants to add my daughter as a medical power of attorney at my mother-in-law's nursing home (my daughter is a nurse at the same nursing home). How can we accomplish that and stay within the WV law?

You can't. Power of attorney of any sort can only be granted by the person for whom the attorney will be acting. POA is given by that person to another person whom she trusts with it. If your mother is no longer able to create a power of attorney she cannot give it to her granddaughter (your daughter).

However, if your mother is able to tell the nursing home that they have her permission to share confidential medical information with [name], they can do that. Your granddaughter can then field enquiries and your SIL can give formal consent if required.

I'm not sure how the nursing home will feel, either, about a member of their nursing staff being involved in a resident's care when they're closely related. Has your mother been resident there long enough for issues like this to be sorted out?
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Reply to Countrymouse
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Rwad the DMCPOA laws for the state mom lives in.

Our POAs specifically state that our appointees can in fact appoint others to carry out the POAs responsibilities, without giving up their authority.

Google your state name with revised statutes and you will find the states website with the laws, they are usually very user friendly.

Good luck.

Your state laws may address this very situation.
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Reply to Isthisrealyreal
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Isthisrealyreal May 30, 2021
Read not rwad, oops.
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Read the existing POA and see what rights were extended to your SIL. It is generally said to not be possible. Only a principal (MIL) can assign an agent.
Since your post doesn’t indicate your MIL mental condition, perhaps she can still sign a new POA assigning these responsibilities to both. She doesn’t have to be able to actually sign her name but she must understand what she is agreeing to. The NH may have the forms available onsite, plus the notary and witnesses or they may choose to see an attorney. If your SIL and daughter were together explaining what was being requested, it might help.
I would also ask the NH what they would do if SIL resigned as POA. Could they accept GDs decisions at that point?
No one wants to run afoul of the law. so, again a visit with a qualified attorney might be the best course of action.
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Reply to 97yroldmom
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If MIL can make informed decisions she can add a secondary. If Dementia is involved she can't make the change. Your daughter maybe able to be put on the HIPPA paperwork.
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Reply to JoAnn29
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I believe only the person granting the POA (the principal) can add another person as contingent POA. Is MIL still considered to be capable of adding your daughter as POA?
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Reply to newbiewife
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It's always important to have a contingent POA for may reasons. Whether your SIL can add your daughter as her backup, I don't know. Contact the atty who created the document, or any other elder care atty.
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Reply to sjplegacy
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