Follow
Share

Can someone be both?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
I am in Canada. I am both Financial POA and Healthcare Representative (medical POA) for my Mum. There is a third document, her Advanced Directive, where I am the go to person to make sure Mum's wishes are met. None has been sprung yet.

In the first two documents there is a section on financial reimbursement. I am to be paid from Mum's assets for any purchases I make on her behalf, mileage for driving her anywhere and the current minimum wage plus 25% for my time.
Helpful Answer (0)
Report

I was financial and medical POA for my parents. It’s quite common for one person to be both.

Your mom must be mentally competent to assign you as POA.

She can pay you for caregiving. You should have a contract. However if she has dementia this could be tricky. See a lawyer. You do not want to be accused of misusing her funds.

The other route is Guardianship (care/medical) Conservatorship (finances). The courts have to grant this when a person is incompetent and/or uncooperative and cannot manage their affairs. I went through this also due to some real estate and banking issues where the POA was not accepted.
Helpful Answer (0)
Report

Carol, this is a lawyer question.
Above you ask what a Financial POA is versus a Health Care POA.
Both operate at the appointment of a mentally competent adult. One operates to be a health care advocate registered with doctors; doctors will then be able to share information with them in the event the person needs help interpreting tests and choices. They can attend MD visits with the person. If the person becomes incapacitated the POA takes over to handle options and choices in a manner they understand the health care directive of the person would want.
Financial assists with that side of things, is often added to accounts, must NEVER co-mingle monies, and if paying bills, et al, must have meticulous records that will hold up in court for all withdrawals. You should NEVER undertake this job without understanding it completely. There is much information for you online to tell you how all of this works. As someone who did this for her brother I can tell you that every single entity out there wants something different from you. Social Security wants you to become Representative Payee, and requires yearly reports. IRS wants forms so that you can file taxes for the elder. BIG JOB even on easy estate.
You seems also to want to know if you can be paid? Paid by whom? If you are taking care of an elder who is willing to pay you an hourly wage then you will set that up by contract as to your hours and duties, and as to what you will be paid. This will be claimed as wages on your taxes, and the person paying will have to file forms also, the notorious W-2.
You can also apparently (I know little about this other than that the pay is NOT GOOD) be paid through medicare or medical? As I said I know nothing about that except that it isn't much money. This keeps you from your own job and honestly we see sad stories on Forum daily of those who moved in, gave care for little financial remuneration, then got kicked out of the home by other family, or death of the elder, and was unable to find housing or job.
Because Elder abuse is common in our country things should be legally set out. I hope others have more information for you.
Helpful Answer (0)
Report

Paid by who? Is there a provision in the POA to pay you from mom’s assets? Or are you looking for a public program like community Medicaid or veterans assistance? The answers will depend on your details.
Helpful Answer (0)
Report
Caroledt122 Sep 2020
POA related to financial and medical decision making while my mom is alive. The state of PA told me that i could not be a POA and also be her paid care giver which is why i did not apply to be a paid caregiver for her yet.
(0)
Report
Can I be my mom's Power of attorney and a paid care giver for her as well?
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter