Power of Attorney Questions

1. How can I direct my mother's medical care if others are named in her power of attorney?

   You are probably feeling a bit slighted because you weren't the one named to supervise your mother's medical care. And that would be natural.But you don't mention whether you think your aunt and uncle are making bad decisions on your mother's behalf. If you feel strongly that they are, there are a number of steps you can take...
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2. What are my mother's options with regard to paying off her debt?

   The good news is that you are in a position to help your mother. Because you are a trustee, are named on her accounts, and have a power of attorney, you should have the authority to discuss these matters directly with the credit card companies, help your mother develop a plan, and help her follow it...
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3. What could be the cause of my difficulty in getting my flow of urine to start?

   From your question, I cannot tell if you are a male or female, so I will address both sexes in my answer.
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4. How Can I Assume Power of Attorney When Someone with Dementia Needs It?

   Usually it's a doctor -- or sometimes two of them -- who makes the judgment call about whether a person lacks mental capacity. And that determination is required before a power of attorney for either health care or finances can take effect, empowering you to act on another's behalf.
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5. What are the advantages or disadvantages of adding my name to my father's home?

   First doublecheck the trust document. The prime reason most people set up living trusts is to pass valuable assets free from probate—and their houses are usually included as one of the most valuable assets they possess.
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6. How can I get financial help with basic living expenses as a cancer patient that is permanently disabled?

   If battling cancer has left you unable to work, this is considered a medical disability. However, you'll need to work with your doctor to establish your disabled status with your employer and with the state and federal governments. Here's what to do:
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7. How Do I Obtain Power of Attorney for Someone Who Has Been Diagnosed With Alzheimer's?

   The answer depends on the person's specific mental condition. Bear in mind that the person who has been diagnosed with Alzheimer's (or some other form of dementia), not you, must be the one to finalize the document. There's a legal requirement that the person making a power of attorney must be "of sound mind...
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8. What Can I Do if I Suspect That Someone Given Power of Attorney Is Acting Fraudulently?

   A person named as an agent in a power of attorney has the legal duty to act in "the best interests" of the principal -- that is, the person who made the document. While that's a little fuzzy as a legal standard, the greater practical truth is that you know fraud when you see it: for example, money being...
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9. 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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10. How do retiree health benefits work when you move out-of-state?

    As you stated, Blue Cross/Blue Shield is a supplemental health care plan to Medicare. It is sometimes called Medigap insurance because it fills in the gaps left by Medicare Parts A and B, e.g. deductibles, copays, etc. However, neither Medicare nor Medigap pay for long term care in an ALF -- Assisted Living Facility...
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11. How do I obtain forms to initiate a durable power of attorney for finances?

    First, figure out what you want to accomplish with the power of attorney. And beware that there are two different kinds of power of attorney for finances: those that take effect immediately, and those that take effect only after a doctor or two certify that you are incapacitated.
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12. Where do I get the paperwork for a power of attorney for my spouse who is currently in a mental health facility?

    Most mental health facilities will have the forms for powers of attorney for healthcare on hand. If you are visiting your spouse there, ask the patient representative or someone staffing the department of social services for the forms used you seek. The friendlier types may even help provide advice for completing them if you get stuck along the way...
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13. Can my sibling sue me for visitation rights for our mother?

    Truth is, in our sadly litigious world, anyone can pretty much sue anyone else for pretty much any reason. But whether or not a lawsuit succeeds depends on the specific facts involved, the specific laws that control—and sometimes, something as arbitrary as the mood of the judge hearing the ca...
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14. Can I transfer property to my own name with a power of attorney?

    Transferring your mom’s property into your own name could be risky business—unless the document specifically provides that you can do it. Otherwise, as the agent under your mom’s power of attorney, your job is manage the property for her benefit, not transfer it to yourself.
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15. Can Medicare stop services because of a personal injury claim 6 years ago?

    A key element to answering your question is that of when did the settlement of your personal injury case occur. Although you indicate that your personal injury occurred six years ago, you do not indicate when the settlement of your case occured. The laws pertaining to Medicare claims on personal injury have changed much in recent years...
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16. What do we have to do for me to be able to make decisions while I am there, serving as the "alternate" POA?

    The primary place to go to for guidance as to your authority as an alternate agent under the Durable Power of Attorney is the document itself. The authority of an alternate agent can vary tremendously from document to document. Your father's particular Durable Power of Attorney will indicate under what circumstances you can act in place of your sister...
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17. How can I legally manage my mother's funds while she's in a coma?

    Your question implies that your mother did not have a Durable Power of Attorney which is a document that would have easily and without court involvement provided you with the authority to act on your mother's behalf in regard to her financial affairs.
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18. How can I pass responsibility of an estate?

    From all you’ve written, it sounds as if your part in your aunt’s affairs IS over—except for the unfortunate matter of getting the mail and notices, which likely stirs up some grief and angst and anger and other confused and confusing thoughts for you.
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19. How do I access my mother's medical records?

    As you noted, the Health Insurance Portability or Accountability Act or HIPAA, which protects patient’s medical records, sometimes also has the unintended effect of denying family members information they might find useful in making decisions about their own medical care.
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20. Health care agent or trustees, who wins?

    If your mother is still as spry and able as you describe, then she should be the one who is controlling her own medical care.
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