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I live in NJ and I'm my mother's POA and Medical POA. Mom has Alzheimer's and moved to CO so that my brother can care for her. Recently, she requires hospice and my brother needs to be Medical POA for quick health decisions and paperwork. As POA, can I add him to Mom's Medical POA? My family is very close and there are no issues with trust or control.

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Fortunately I visited Mom 2 weeks ago and had a great visit. Mom has been at the CO NH for four years; they have Mom's DNR, and rest of her paperwork. We pay for additional care giver to be with her 6 hrs a day. She was on hospice at the facility for almost a year and came off of it 6 months ago. The unexpected happened, and this time hospice requested more paperwork. I am trying to make my brother's life easier by making him Medical POA; why wait possibly hrs until I am available to approve any decision my brother will make on my mother's behalf. My work does not allow cell phone usage except for breaks and lunch. Hopefully I can get my brother as Medical Agent on my behalf. Waiting for my mtg with lawyer on Monday. Thanks.
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I have medical POA for my out of state mom. Most of her bills are paid on line and if my brother who lives closer, needs to make purchases, he just has to provide the bills. As a long distance person, your duties would mainly include expressing your mom's wishes, answering calls concerning do not intubate or do not resuscitate and verbal over the phone consent for procedures. Since she may be entering hospice, your brother may be asked to find nursing care at bedside with your approval but you can still manage the POA again from long distance. The copy of DNR should be left with your brother or close by your mom with any medical information including a copy of your POA Med POA with your phone number. If she is entering hospice you may want to see her one last time.
If you have a phone you will be contacted. If the doctor cannot reach you then they will do everything medically necessary except the DNR (so it is important to make sure there are copies to your brother) until you call them back. There should be no real need to remove yourself from these duties.
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Thank you all for your help, feedback, and support. My POA does have a paragraph similar to the one dilofthedevil mentioned. I scheduled a meeting with my lawyer to review. Is assigning someone to act as Medical Agent a legal document or verbal authorization?
Hospice will take care of Mom's medical needs and she does have DNR. However, the day to day Medical issues/questions, hospital visits, etc usually request the Medical POA. I want to make my brother's life easier as local caregiver to have the Medical POA. The modern conveniences of technology does not help when I can't be reached quickly in NJ due to time difference, work, or no phone with me.
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My Moms Medical POA has my daughter as secondary. She is an RN so she helps with decisions. Pretty sure the lawyer asked us who was to be secondary and I live in NJ. I agree that there r faxes and phones. Fax ur POA over so they an talk to you.
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dilofthedevil
gave the answer that works in our case, acting as agent with your instructions on behalf of your parent. Study every paragraph of your POA, depending on when it was written and how well the lawyer wrote, it will cover many situations. However, when it comes to using it, you may hit temporary roadblocks because of staff lack of education about your existing POA. That is why your efforts to fully understand the documents and their proper and FULL use will help.
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No, you cannot change the conditions of your mother's original wishes, but have you never heard of the telephone, a fax or a scan? All of these modern conveniences can give almost immediate authorization from you to medical personnel in CO. With a person who has dementia, they will die regardless of what is done medically. Make things as easy as you can for your brother by signing an advanced directive (like a DNR (do not resuscitate) since she is in hospice now. My best to you and your family.
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That was very far-sighted of your MIL, Dilofthedevil. Kudos to her, or her attorney, or both :)

Familymatters, sorry but no. Power of Attorney is given by the principal, in his or her right mind, to the person he or she appoints; and that's that. If your mother is unable to understand what she is signing she cannot change her existing POA or create a new one.

Perhaps the best thing to do would be to ask the hospice provider what they suggest. They'll cope. After all, they deal with plenty of patients who haven't even got round to appointing POAs at all. Don't worry, there shouldn't be any detrimental impact on your mother's care; it's just an administrative tangle to sort out.
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Brother becoming guardian is an excellent idea. Since mom is on hospice this may be able to be done simply and easily on an emergency basis, cutting the expense of retaining your own attorney. I would check with the nursing home they may be able to help with that.
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It depends on the wording of the POA, FamilyMatters. For example, my husband is Durable POA and Medical POA for his mother, however the document authorizes him to appoint agent to work on his behalf if in his determination it is in the best interests of his mom. So, no you may not appoint another POA specifically, however you MAY be able to appoint your brother to act as an agent on your mom's behalf. This is not secondary or backup, rather an Agent working on the behalf of the POA. I hope this is useful. An important note regarding legal documentation - when we are in doubt, we consult with our attorney.
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As POA you are unable to reassign Medical POA from yourself to your brother. But if you brother is listed on the document as the secondary or backup position, then if you resign he would automatically become the primary. I don't suppose it was set up that way, eh?

I suggest that your brother talk to the staff at the NH and see how critical having someone officially named in that role is in how they operate. My mother had never named POA or Medical proxy. The nursing home wanted to know which of us 7 kids would be the primary point of contact. When she went on hospice, hospice wanted one person to deal with. There was never any difficulty about this, and nothing we couldn't handle for mom. Since you say there is no conflict among the siblings, perhaps you can get by without the legal designations.

The only alternative I can think of since your mom can't understand the legal work would be for your brother to become her guardian. If you can handle things without that expensive step, I think that's what I'd try to do.
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My mother has Alzheimer's and just suffered a mini stroke. She is not capable of signing any legal papers. She would allow my brother or any of my siblings (5) as Medical POA. My Mom lived in NJ when the original POA and Medical POA paperwork was done (2010); now she lives in a Colorado NH. It makes more sense for my brother to have Medical POA. So, as POA I am unable to reassign Medical POA from me to my brother. Right?
Can I have Medical POA paperwork done in NJ and send it to Colorado for "X" marks the spot type signature? Or can my brother have a new one done in Colorado? The reality is, my Mom will not understand what is going on.
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No. Only the principal can change or add POAs. It is a very simple task. Could your mother understand the meaning of giving this role to your brother? If so, she can sign a new POA.
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