DPOA and Guardianship?

Belle · October 24

Has anyone here ever had to pursue guardianship despite having a durable POA? For more background the medical POA is springing (it was the only option the CELA offered to us). This summer my DH refused a move from a hospital stay to rehab and I was not legally able to override his decision since he has a springing health POA and has not been declared incompetent by 2 doctors. I am calling today to set up another consult with the CELA but wondered if anyone here has had to get guardianship due to a springing medical POA? (Also for more background he has another neuropsych testing appointment coming up which may help with the springing part of the POA but I am not going to count on it right now).

H1235 · October 24

I think I would do everything I can to get the 2 doctor’s signatures before going the route of guardianship. Do you think they will not declare him incompetent to make decisions or is it just a matter of getting them to do it(appointment/timing)? Does he have a regular family doctor he sees that you could just call and ask? Is there a reason you can’t wait for the neuropsychology appointment? That seems like the best bet to me. I can understand why you would be uncomfortable waiting after the hospital/rehabilitation issue. I hope you can find a solution.

Belle · October 24

His PCP won't do it. They want to hear from the neuropsych (4th round of testing for him at this point, all previous tests showing deficits). Despite four infections last year from not showering and two brief and one long hospitalization as a result of the infections; despite me hiring a caregiver manager to advocate for me (and who believes he needs care in a facility); despite me calling every hospital he's been in and explaining his situation… no one seems willing to step up to the plate and sign off. My concern is once again the ball will get tossed around between his neuro, pcp, neuropsych and rheumatologist and something catastrophic will happen to him in the interim.

SDianeL · October 25

to obtain guardianship you will still need to prove incompetence. And it’s costly. Might be better to wait for the doctors. Is he still in the hospital? Can’t you place him in memory care with a DPOA? The facility should have a nurse to do an evaluation. So sorry you are going through this. It must be exasperating.!

Belle · October 26

I think waiting for the new test results or a disaster happening are my only options. I can't see the CELA until early December. Also, I can't place him in MC without the springing POA working. At this point it will take another 6 weeks minimum, between testing and getting the results back, before I can even try to spring that document. The biggest issue is he won't cooperate with me on anything like hygiene or safety issues, so it's both exasperating and exhausting. (Edit to add that in my state a doctor has to sign off on MC placement due to MC facilities being locked units.)

housefinch · October 26

Was it the same CELA who recommended a springing POA in the first place? I would wonder about that person’s expertise.

Belle · November 2

https://alzconnected.org/discussion/comment/226685#Comment_226685

Yes, same one. I am meeting with that CELA next month but from what I can tell there are only one or two more in our area that are not associated with the law firm that we used originally. I am looking into a consult with another firm if the testing and/or meeting next month aren't helpful.

Crushed · November 3

Folks the attorney represents the CLIENT's interests , not the caretaker's . If they client was competent at the time and made his wishes known the attorney has no choice , If the attorney is unsure as to competence
likewise the attorney has no real choice but defer to the physicians. finally a person can be competent to disaffirm or disallow a medical POA even if there are not competent to handle financial affairs