My Father in Law (who is 80 yrs old) went on dialysis a few month ago for acute kidney failure. When he was discharged from the hospital he broke his hip and ended up in rehab after his surgery. At this point his rehap is almost finished and the next step is for them to spend down till he qualifies for medicare. He lives in NYC we (my husband and I ) live in TX. The other siblings asked us to take him in and we said yes but we want to be able to use his pension and social security to pay for home health care, transportation, medicines and other things required to care for him at home. In the meantime my sister in law (An attorney in NYC) got power of attorney. She doesn't want to send us a copy of the documents we have no idea if she has medical power of attorney, financial power of attorney, durabale or non durable, power of attorney over some of his accounts but not other I think you get the point. Anyway, they emailed me yesterday (my Brother in law not my sister in law) saying that they are in the process of starting his transfer from the rehab in NYC to Texas. I gave them the name of a social worker and dialysis place I found here in El Paso, TX. I was informed they would pick the place. Additionally they said for us to research power of attorney here in TX because they feel we should have it. Personally I feel this is blowing smoke because maybe I'm wrong but in order to transfer power of attorney we need his Dad to void exsisting ones and start new. All we wanted was to know what he needs to come live here and have access to money to pay for transportation, home health aids, medications and whatever he needs for his daily care. We were told it wouldn't be an issue since he has a pension and social security. Also I'm very upset that they aren't telling me about his condition since he broke his hip. I'm told from one brother he needs a wheel chair another one says he doesn't and now they tell me they are going to pick his drs here in TX when they live in NYC. So I was asked to do my 'HOMEWORK' and find out what forms we need to get power of attorney. Am I being paranoid or does this sound a bit messy with them planning to drop him off at our home and not give us the support we said we needed. We really want to have him here but he does need care and I have 2 small children (his only grandchildren) If you could advise me on how to do my HOMEWORK regarding the power of attorney my husband and I both feel we need to know what already exists in order to do anything. Are we correct in this assumpiton? And with my sister in law being an attorney for over 25 years I can't believe she isn't somewhat aware of that fact. Also can they drop him off here without letting me have some notice? I want to care for him but this is really stressing me out everyone (except my sister in law) was saying how great it would be for us to take him and how the money will be there to pay for his basic needs now they are signing a different song when my husband asked his sister to send copies of the power of attorney because he wanted to have a conference call with his siblings to find out how they would send us the money to pay for home health aids and medicines and such.
Category: Power of Attorney |
State: Texas |
If the current power of attorney is effective despite the incapacity of the principal (mother), and the father is no longer mentally competent to revoke or make a new power of attorney, a guardianship may be necessary. A power of attorney may only be revoked or modified by the principal. The agent has a fiduciary duty to carry out the intent of the document according to the principal’s wishes expressed therein. As long as a principal is mentally competent, s/he can revoke a power of attorney at any time.
The terms of the power of attorney govern the extent of the agent's authority. A power of attorney may be limted so that it only authorizes action to be taken for a specific transaction(s) or for a specified time period. It may also state that it only becomes effective upon incapacity. In such cases, the document may state something similar to, "I shall be considered disabled or incapacitated for purposes of this power of attorney if a physician certifies in writing at a date later than the date this power of attorney is executed that, based on the physician's medical examination of me, I am mentally incapable of managing my financial affairs. I authorize the physician who examines me for this purpose to disclose my physical or mental condition to another person for purposes of this power of attorney. A third party who accepts this power of attorney is fully protected from any action taken under this power of attorney that is based on the determination made by a physician of my disability or incapacity." We suggest you read the document carefully to determine is it is still in effect. If not, it may be necessary to create a guardianship if the father lacks mental capacity to manage his own affairs.
Planning for incompetence includes:
-Making plans for health care and long-term care coverage
-Making plans for finances and property
-Naming another person to make decisions on behalf of the person with dementia
A living will, power of attorney, and testamentary will should be prepared.