My daughter has Healthcare Power of Attorney, can she put my wife in a nursing home against my wish?
Full Question:
If my daughter has a Power of Attorney for health care issues for my wife that has never been notarized, can she sign to have my wife transferred to a nursing home against my will?
04/29/2009 |
Category: Power of Attorney |
State: ALL |
#16415
Answer:
I am prohibited from giving a legal opinion. The answer will depend on the wording of the document. I'm assuming the Power of Attorney was signed in SC. The South Carolina Code has a statute that authorizes a person to create a health care power of attorney. Under such a POA, the agent appointed has the authority to admit the principal to a nursing home if the principal no longer has the ability to make such decisions. In order to be valid, the POA must be notarized.
The following is a portion of SC statute:
§ 62-5-504.
Health Care Power of Attorney; definitions; form(S)
(1) Notwithstanding the requirements of subsections (C) and (D) of this section, any document or writing containing the following provisions is deemed to comply with the requirements of this section:
(a) the name and address of the person who meets the requirements of subsection (C)(1)(d) and is authorized to make health care related decisions if the principal becomes mentally incompetent;
(b) the types of health care related decisions that the health care agent is authorized to make;
(c) the signature of the principal;
(d) the signature of at least two persons who witnessed the principal's signature and who meet the requirements of subsection (C)(1)(c); and...
(e) the attestation of a notary public.
