Change in POA

bandit47

Hi,

I've been the POA for HC and Finance for my 93 yr old mother who was diagnosed with Alz. almost 3 years ago. I needed to move her from her home in a nearby state to be near me while in MC. I had to change facilities twice to find one that provides adequate care which my mother can afford for a few more years. I have one sibling, 6 years younger, who lives in a state about 4 hours away by plane. I'm 74 and have had cancer and other health issues. The stress of having complete responsibility for my mother has taken a toll on me and I feel I can't handle it myself. I've asked my brother for help, specifically taking all calls regarding our mother while I get away for a few weeks this fall and handling all problems that come up for one week out of the month from now on. He has agreed to all this. My question is how can I transfer my POA-HC to him so that we share it and can share the workload. I'll continue to pay bills and cash in her CDs to pay for her care. Thanks much for any ideas.

Cynbar

Is your mother still competent to execute legal documents? It's doubtful, if she is in MC, but it's worth checking with an attorney. The simplest way would be to do a new POA document, listing you first and your brother second (or maybe she already has done this?) With that in effect, you are in charge except for when you defer to your brother or can't be reached. You would then notify health care providers when you are away and are deferring to your brother as the decision maker. Other than that, I'm not aware of any way to make him POA when you're not around because it needs to be your mother's decision, not yours.

towhee

Bandit, I think this depends on how your documents are written, and the best advice is for you to see a lawyer. A lawyer might be able to answer your question with just an initial consultation. I think the lawyer would need to see your documents before the appointment, and it would be good if you read your documents before then as well.

End-of-rope

Unfortunately, POAs cannot be transferred by the agent (the person authorized to act on behalf of another.)  If the principal (the person giving authorization for someone to act on his/her behalf) did not name someone else as co-agent (a second agent) or successor agent (a secondary agent who would only be able to serve if the first agent is unable to do so,) you would need a new POA naming a second agent.  Considering that your mom is in MC, it seems very unlikely that she would have the capacity to grant a new POA.

Moreover, due to HIPAA law (privacy of health information) in most cases you will find difficult to deal with somebody's health needs without a medical POA.  Nevertheless, as your mom is in a MCF, review the contract you signed.  You should be able to find a document about their Privacy Practices.  I had the possibility to name a second Emergency Contact.  You may be able to talk to the Director of the MCF and explain your situation and they may work with you in sharing the notifications and decisions with your brother.  That would be up to the facility.

To make things easier for me, I switched my mom's PCP and PT to providers that already worked with the MCF.  But you may need to contact each provider and see if they would be willing to work with you and your brother.  I had to provide them all kinds of legal documents to be allowed to have access to my mom's health information and make decisions for her.

Good luck.  I understand your situation and hope that you can share the burden with your brother and get some needed relief.

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