Dad finally had that hospital visit. Unfortunately he was diagnosed with metastatic prostate cancer. He just went to rehab facility yesterday. I'm finding I'm going to have to get POA. So if I just get medical POA, can I sign anything for him? As in do I have to be careful it's not a financial thing?I'm probably going to be consulting with a lawyer with the Medicaid stuff soon but I'd like to print out a POA form ASAP and get that signed because especially with his tremors. He was having a lot of trouble signing papers yesterday. My brain is spinning. Edited to add-should I just get both medical and financial? I was trying to avoid financial but he's going to need someone to write checks.
Someone above suggested that the health-care POA and the financial POA can be one document. If this is even legal in your state (I don't think it is in mine), I recommend against it.
I would first sit down with Dad and have a true heart to heart about what he’s desires are for his current situation and finally wishes. And begin making those arrangements together if possible.
Enjoy as much as possible good times together and do some of his bucket list together, while he still has time. Get a recorder and have him tell you stories of the past and laugh and make each other know how much you both meant to one another recording it all so you will have him with you forever.
You will definitely need POA of both financial and medical to take care of him and business.
That is of course if that is his desire. It is 100% his choice.
When you go to attorney he needs to be alone with attorney to make his trust / will so that no family member can attest that there was undue influence. If you and he feel that having the financial power will cause conflict with other family members then he could hire a fiduciary to handle the financial portion.
I wish you and your father the best journey together.
When you see the attorney, make sure you get a durable POA, which is a financial POA that goes into effect as soon as it is signed. The other option is a "springing" POA, which only goes into effect if two (usually, depends on state) doctors certify that Dad is incompetent to handle his own affairs, and many doctors are reluctant to do that. So with a "springing" POA you would have a whole new set of hoops to jump through to get that certification from the doctors, whereas an immediate POA skips that step.
Also, establishing a relationship with the attorney is important for when issues with the POA arise, which they will. Banks are notoriously sticky about accepting POAs, even those meticulously prepared by attorneys, so you may need to contact the attorney again in the future for help with that. For example, for my mom, the banks wanted not only the POA but also a letter from the attorney who prepared it, testifying that the POA was legitimate. Each time, the attorney responded immediately, and I had the letter in hand within a couple of hours, which was hugely helpful.
I wish you the best. POA is NOT a fun job, but it is an important one, and it needs to be done right in order to protect yourself as well as your mom.
I did his banking online, he gave me permission and I took him to the bank, he wanted me jointly on his account, which was very short lived, I wasn't going to be responsible for his bad choices, it changed to POD and I continued to handle his finances online without the potential of having to pay the consequences for his choices. I recommend setting her up online, with her permission of course, and dealing with the finances that way.
Never, ever sign any admission paperwork with out having DGPOA, you will put yourself on the hook legally for paying the bill. Every single form/admission paperwork for ANY medical treatment or facity has a financial responsibility agreement within it, if someone says it doesn't, they lie.
If these POA forms are from your states AG office, they meet ALL the legal requirements to be valid and enforceable. Just my personal experience with online forms.
Dad never learned to use or had internet so unfortunately no online account. He doesn't even have an ATM card with his account.
POA involves many things including meticulous record keeping.
Think well before deciding to do this. Right now you can get medical to help manage Dad's hospitalizations and so on.
What is the best thing for you right now to do? Call in the social workers at the facility where Dad is currently and speak with them about how to act for him as his next of kin now. Contact an elder law attorney to speak on phone about how to proceed with POA. And look up all you can by googling "POA rights and duties state of _________".
Good luck. An emergency is no time to do this, yet it is when my brother and I did have to after an auto accident resulted in his being diagnosed with probable early Lewy's Dementia. It took me a SOLID YEAR to get things in place. If you don't want to be POA and there is not a lot of money to protect I would settle for medical POA ONLY. And then, if he needs a POA to manage Medicare let the state take on guardianship and general POA and do all that paperwork and misery.
There is a health poa form on our state's website. So I may print that out and do that one. I'd think they'd have a notary there? (The director gave me a big packet of info that I forgot in dad's room so will bring that home today and it may answer a lot of my questions).
I'll leave the financial one for now until my sister and sister-in-law are here for a couple days next week. Maybe set up an appt with a lawyer while they can go.
Thank you, very helpful!
Family is telling me I need to get it so no one will have a problem with it that I know of. I'm the only one living by dad so it's on me but my sister-in-law does research and my sister makes calls for me.
I never wanted to have it but I'm seeing where I'm going to need to to make sure he ends up in long term care and he is just so close to not being able to sign even a scribble. I imagine the hassle it would be having the state take guardianship at this point. I just have so much to figure out.
It's a lot between figuring this all out for him, trying to take care of his dog which I finally brought her here but my cats are hating it and the dog has been alone with dad in his house for like 12 years so she's having trouble adjusting. She is 15 and has her own medical issues. I may need to euthanize-just don't want to make that decision until I get my head on straight especially since the facility director said the dog can visit as long as I have shot records.
You can print the paperwork needed from your State Website. You will need a witness and a notary. A Social Worker at the rehab should be able to help you. A lawyer would be good. Sign nothing for him now. If he is competent to sign let him do it. For you not to be held responsible, you need a POA behind your signature.
Any lawyer can do a DPOA and Medical.
The Devil is in the details. Keep all the paperwork in one place. Make sure you understand what you are signing. Make a to-do list so you don't miss appointments or filings or other legal obligations. Same for medical-keep track of appointments, and medications.
Keep coming here. Lots of experienced people with very good advice.