Power of Attorney for Healthcare Questions

1. Would a medical power of attorney help me get my mother to see the eye doctor?

   A power of attorney would likely be of little use in this situation, since most go into effect only when a person becomes mentally incompetent, as opposed to merely stubborn. And those that take effect immediately must be agreed to and finalized by the person who makes them—and it doesn’t seem that hat your mother would be game for that...
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2. If I have durable power of attorney for my mother, how do I get access to her medical records?

   If you and your brother have been named as agents in your mother's power of attorney, the hard part has already been handled for you, as it gives you the same rights to the records as your mother would have. As a first step, contact her primary care physician if she has one and explain your needs...
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3. How can I obtain my deceased mother's medical records?

   You ask about getting your deceased mother's medical records. I am not clear about why you want them, but my experience is that most often, people want a deceased person's medical records because they suspect that something was not right about the care the deceased received. If that is the case, be prepared to pay a fee for the records...
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4. Is a Guardian Legally Required for Someone With Advanced Dementia?

   No law requires that a guardian be appointed for someone with advanced dementia. Guardianships, also called conservatorships, are usually only needed when someone has good evidence that a person's medical care, finances, or other personal matters are being ignored or mismanaged -- or when there are a lot of feuding family members in the picture...
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5. Can my parent give durable power of attorney for healthcare to one child, and durable power of attorney for finance to another?

   For every family, this is a personal, individual decision. There's nothing to prevent your parents from giving durable power of attorney for healthcare and finance to two different children. There's no right or wrong answer. It depends on your family and your situation. There may be a sibling in the family with whom everyone gets along...
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6. When does a power of attorney take effect?

   First, know that there are at least a couple different kinds of powers of attorney, and lots of confusion over the semantics and meaning of all of them.
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7. Does an advanced directive for health care agents supersede a durable power of attorney for medical decisions, if you have both?

   Take a close look at both documents. It may be that they were intended to work together. Sometimes, an advance directive is used to specify what type of medical care a person would want to receive if he or she became unable to specify it, and the power of attorney is used solely to designate a person to supervise those wishes...
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8. What is the difference between durable and general power of attorney?

   The biggest difference is in when the power ends.A general power of attorney ends when a person becomes mentally incapable because of sickness or injury to handle his or her own affairs. A durable power of attorney does not end in these circumstances. It is, in a word: durable...
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9. Should we try to get a competency hearing to overtake my partner's father's care?

   You can try involving the legal system, but you should know from the start that it’s likely to be an uphill battle.
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10. Can my mother's psychologist communicate with me if I don't have power of attorney for healthcare?

    Legally, you cannot get information from your mother's psychologist about her condition unless you have either:
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11. Can my Aunt take over as power of attorney, even after Grandpa was diagnosed with dementia?

    There are a few issues for you to pay attention to here.
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12. Can I change mom's primary doctor without her consent and without power of attorney?

    Ideally, every person is entitled to seek out the best and most fitting medical care possible. But in the real world, we are up against the frustrating constraints you are likely experiencing: The patient is stubborn, unwilling, or afraid to change providers...
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13. How can I attain medical power of attorney only?

    It’s quite possible to get a medical power of attorney and tailor it as you suggested so that an agent will become responsible for overseeing medical appointments. The fastest way may be to go to the nearest hospital and ask the patient representative there for a copy of your state’s ...
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14. What's the emergency procedure for obtaining durable power of attorney for finance or health care?

    Ideally, your mother will have a revocable trust in place, so that you can assume the role of trustee when the time comes. If your mother hasn't signed a durable power of attorney for finance and healthcare, allowing you to step in and help where necessary, now is the time to secure one...
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15. Why does my oldest sister get automatic power of attorney?

    She doesn't. The person who makes a power of attorney to oversee financial or medical matters is free to name anyone he or she chooses. While some people assume that the oldest child would be the logical choice, that person may not have the temperament, time, or patience needed for the job...
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16. How can my sister get her property back from her deceased husband's son?

    While my usual advice is to see a lawyer only as a last resort, in this rare instance, I would urge your sister to see a lawyer as quickly as possible. There's just too much at stake: loss of her home, money, and history. And there could be good substitute for getting an experienced body, mind, and pair of eyes on the situation...
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17. Does a Power of Health Care Agent supersede a Power of Attorney?

    The first step in determining which of these two documents may control and when is to take a hard look at them both, side by side.
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18. Does state residency affect power of attorney?

    I’m hoping the power of attorney your mom completed a while back will suffice for your long haul, too. The realities and legalities make your situation a bit murky.
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19. Why do I have to transfer my POA for my mother to be buried?

    Please accept my condolences to you in the loss of your mother. As far as I know, medical POA and funeral arrangements are not codependent. It should not be a requirement that because you are the medical POA, you are responsible solely for the funeral arrangements. Your sister should be able to make the arrangements...
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20. How do I gain access to my parent's medical records without a durable power of attorney?

    HIPAA has proven to be a nightmare for more than a few families. Legally, you need to be named in a HIPAA authorization to gain access to your mother's data, or even to talk to her doctor -- even if she has given you a durable power of attorney for healthcare...
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