I have been POA for parents. I’m now POA, both durable and medical, for my husband. I would never feel comfortable being POA again. It’s a lot of work, for one thing. And sometimes people try to interfere. Be aware as you go into it, and good luck.
Why would you even consider being POA? Do you want potential hassle of family who would feel entitled to question your every decision while you are doing all the work? Fiduciary responsibility is different than caregiving.
I would never be POA for a client, really a stranger. A person can assign anyone they want but I would not do it. Its a lot of work. I have a feeling they think if ur POA then they don't have to pay you and you will be at her beck and call. Say NO.
The type of lawyer appropriate to create any PoA for an elder is a CELA (certified elder law attorney). If the attorney that drafted the MPoA is not this and/or is not experienced, then I'd be wary about signing it.
Your profile says you've been a caregiver for 30 years. Have you been one to someone elderly, with dementia? If so, then you certainly know how challenging it may become.
I'm curious what reason the family gives for not wanting to be their LO's MPoA? Do they not live locally to your client? Locality is an important factor: not that one can't be a long-distance MPoA but I'd not want to do it. You being this person's MPoA assumes that you are willing to stay in proximity to this person.
Does your MPoA give you the authority to transition this person into a facility, should you think it necessary? If not, then you'd be at the behest of the family/FPoA. Never say never when it comes to keeping facility care as an option/solution.
Why are you choosing to not be paid? Are you a live-in caregiver? Are you a family friend? Do you have robust resources so that you can have optimal care when YOU eventually need it? SS won't be enough...
Your main question is: are you allowed to be a PoA in IL? Yes, any adult with capacity can be a PoA for any other person. Some people have lawyers as their PoA.
First I should say, I think I found a new friend. I was a little hesitant about this site. However, I think I like it. I appreciate the responses from all of you. I left out an important detail, I was asked to be the POA over healthcare only. When I say family, I am talking about the client also I am not a PAID caregiver. What I have learned in my lifetime is that I am much happier being paid with a heartwarming smile and the look in a human being eyes when they truly appreciate being taken care of from the heart. 30 yrs. being a caregiver, I have become so humbled and I have realized that it's not always about money when caring for someone. (especially elderly) they do not always have the means to pay. Yes, I am honored to be asked and I am definitely excited to be able to help. You do not have to be family to love someone. You are correct, I am not a fiduciary however, I do have commonsense. The POA paperwork is coming from an Attorney who passed the Bar exam met their MLCE, CLE and has her own practice with her father, who is a Judge. This is my first time ever getting involved in this kind of forum, I stated earlier I was hesitant so I did not put all of the information needed to get the answer I was looking for. I wanted to see if the site was legitimate, well I definitely got the answer I was looking for. It's not what you say but how you say it. Some individuals should clearly (based on responding to my post) not assume, I am sure you know the old saying what assuming does. For the most part I realize I do not need to ask strangers questions, I will continue to follow my heart. I have done an AWESOME job so far. Again, thank you.
AHA! Makes ALL the difference, dear Vanessa. Yes, you can be MPOA, but I would advise first of all a meticulously well written advance directive dictating exactly what care your elder DOES accept and what she does not. For instance, I just came up with a spot of bother in a breast cancer left breast. I elected to do no node testing, a lumpectomy, no radiation and no chemo. I am 81. I will treat surgically and if it spreads I will be opting for palliative care only with good medical pain relief and with no heroic measure. I will avail myself of my state's MAiD laws (medical assistance in dying) and off I will go. This is all well written in my charts and documented by Kaiser and all doctors and social workers. I want no MPOA deciding, when I am unable, that something should "be treated". As an RN I have long had a documented advance directive not only saying no DNR or vent, but also no dialysis, no artificial feedings by IV or NG/PEG tubes, and etc.
Once you know that you are on the same page with your good friend, and understand exactly what she does and doesn't want, and once it is in writing, then blessings upon you for seeing to it that this written document is carried out if she is unable to do so herself.
Clearly this family has NO IDEA whatsoever what a Fiduciary, a POA is, if they are asking a caregiver to be one. You would be eliminated in the running as a POA simply by the fact you are a paid caregiver and you could not enrich yourself as a POA for the person you are caring for.
The first thing you need to understand is that the family has ZERO to do with assigning a POA for an elder. ONLY the elder can do this. This is done by the elder him or herself, and the elder must be competent to make the appointment of a family member or trusted personal friend.
Secondly This is EXTREMELY UNWISE to consider. You are not family. You are not a TRAINED legal fiduciary. And do you clearly (simply on the face of asking about this) do not understand the duties of a POA.
The duties are many and onerous including being a trusted person on the bank accounts of a senior. You could be accused of elder abuse in a thrice. By this family or by anyone else.
You need not to consider doing this unless you are a trained and licensed Fiduciary, which the family can HIRE to the tune of 90.00 to 150.00 an HOUR (showing you just how difficult this task is.). You would be RESPONSIBLE for every penny into and out of a seniors funds, and held to account, and your records could be brought before the court whenever the family asks. The family would think they had a right to dictate to you what to do and how to do it.
I think that you have no understanding of just what a POA does if you are even considering this, so I will simply tell you that before you take on such a task you need to visit the ELDER LAW ATTORNEY who should (never use an online form) make out the POA documents, have them witnessed and signed.
Tell this family to go to an elder law attorney and ask for referral to a licensed Fiduciary to act as POA for their relative if the relative is requesting one. And is COMPETENT to request one.
First of all, do you want to be her PoA? Secondly, what kind of relationship do they have with her? Why don’t they want to be her PoA? I don’t think you should consider taking on this responsibility.
I don’t know about the laws regarding retaining PoA. You could check with an attorney in your area. Others on the forum will have feedback for you.
Best wishes to you. I read your profile and see where you have 30 years of experience being a caregiver. You state that you love your work.
The world needs more people like you! You’re a treasure to families who need help in caring for their family members.
I have heard of odd things being asked from caregivers. I know about a man who asked his caregiver to marry him so she would inherit his estate and money.
He didn’t want his family to inherit anything. He appreciated the caregiver and told her that he didn’t expect her to share his bed. She did marry him and had her own room and inherited everything.
Do you want potential hassle of family who would feel entitled to question your every decision while you are doing all the work?
Fiduciary responsibility is different than caregiving.
Your profile says you've been a caregiver for 30 years. Have you been one to someone elderly, with dementia? If so, then you certainly know how challenging it may become.
I'm curious what reason the family gives for not wanting to be their LO's MPoA? Do they not live locally to your client? Locality is an important factor: not that one can't be a long-distance MPoA but I'd not want to do it. You being this person's MPoA assumes that you are willing to stay in proximity to this person.
Does your MPoA give you the authority to transition this person into a facility, should you think it necessary? If not, then you'd be at the behest of the family/FPoA. Never say never when it comes to keeping facility care as an option/solution.
Why are you choosing to not be paid? Are you a live-in caregiver? Are you a family friend? Do you have robust resources so that you can have optimal care when YOU eventually need it? SS won't be enough...
Your main question is: are you allowed to be a PoA in IL? Yes, any adult with capacity can be a PoA for any other person. Some people have lawyers as their PoA.
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2113&ChapterID=60#:~:text=A%20principal%20may%20grant%20authority,granted%20to%20an%20initial%20agent.
I appreciate the responses from all of you. I left out an important detail, I was asked to be the POA over healthcare only. When I say family, I am talking about the client also I am not a PAID caregiver. What I have learned in my lifetime is that I am much happier being paid with a heartwarming smile and the look in a human being eyes when they truly appreciate being taken care of from the heart. 30 yrs. being a caregiver, I have become so humbled and I have realized that it's not always about money when caring for someone. (especially elderly) they do not always have the means to pay. Yes, I am honored to be asked and I am definitely excited to be able to help. You do not have to be family to love someone. You are correct, I am not a fiduciary however, I do have commonsense. The POA paperwork is coming from an Attorney who passed the Bar exam met their MLCE, CLE and has her own practice with her father, who is a Judge. This is my first time ever getting involved in this kind of forum, I stated earlier I was hesitant so I did not put all of the information needed to get the answer I was looking for. I wanted to see if the site was legitimate, well I definitely got the answer I was looking for. It's not what you say but how you say it. Some individuals should clearly (based on responding to my post) not assume, I am sure you know the old saying what assuming does. For the most part I realize I do not need to ask strangers questions, I will continue to follow my heart. I have done an AWESOME job so far.
Again, thank you.
Yes, you can be MPOA, but I would advise first of all a meticulously well written advance directive dictating exactly what care your elder DOES accept and what she does not. For instance, I just came up with a spot of bother in a breast cancer left breast. I elected to do no node testing, a lumpectomy, no radiation and no chemo. I am 81. I will treat surgically and if it spreads I will be opting for palliative care only with good medical pain relief and with no heroic measure. I will avail myself of my state's MAiD laws (medical assistance in dying) and off I will go. This is all well written in my charts and documented by Kaiser and all doctors and social workers. I want no MPOA deciding, when I am unable, that something should "be treated". As an RN I have long had a documented advance directive not only saying no DNR or vent, but also no dialysis, no artificial feedings by IV or NG/PEG tubes, and etc.
Once you know that you are on the same page with your good friend, and understand exactly what she does and doesn't want, and once it is in writing, then blessings upon you for seeing to it that this written document is carried out if she is unable to do so herself.
https://secure.aadmm.com/
You would be eliminated in the running as a POA simply by the fact you are a paid caregiver and you could not enrich yourself as a POA for the person you are caring for.
The first thing you need to understand is that the family has ZERO to do with assigning a POA for an elder. ONLY the elder can do this.
This is done by the elder him or herself, and the elder must be competent to make the appointment of a family member or trusted personal friend.
Secondly
This is EXTREMELY UNWISE to consider.
You are not family.
You are not a TRAINED legal fiduciary.
And do you clearly (simply on the face of asking about this) do not understand the duties of a POA.
The duties are many and onerous including being a trusted person on the bank accounts of a senior. You could be accused of elder abuse in a thrice. By this family or by anyone else.
You need not to consider doing this unless you are a trained and licensed Fiduciary, which the family can HIRE to the tune of 90.00 to 150.00 an HOUR (showing you just how difficult this task is.). You would be RESPONSIBLE for every penny into and out of a seniors funds, and held to account, and your records could be brought before the court whenever the family asks. The family would think they had a right to dictate to you what to do and how to do it.
I think that you have no understanding of just what a POA does if you are even considering this, so I will simply tell you that before you take on such a task you need to visit the ELDER LAW ATTORNEY who should (never use an online form) make out the POA documents, have them witnessed and signed.
Tell this family to go to an elder law attorney and ask for referral to a licensed Fiduciary to act as POA for their relative if the relative is requesting one. And is COMPETENT to request one.
I don’t know about the laws regarding retaining PoA. You could check with an attorney in your area. Others on the forum will have feedback for you.
Best wishes to you. I read your profile and see where you have 30 years of experience being a caregiver. You state that you love your work.
The world needs more people like you! You’re a treasure to families who need help in caring for their family members.
I have heard of odd things being asked from caregivers. I know about a man who asked his caregiver to marry him so she would inherit his estate and money.
He didn’t want his family to inherit anything. He appreciated the caregiver and told her that he didn’t expect her to share his bed. She did marry him and had her own room and inherited everything.