QUESTION

Is it true that a spouse needs to be a Power of Attorney to remove his wife into another rehab facility? Medical or Durable Power of Atty or both?

Asked on Dec 31st, 2020 on Elder Law - Texas
More details to this question:
My friend, the husband, had to place his wife after her operation into a nursing/rehab facility for short term purposes only. Since then, he has discovered that she is not getting the quality of physical therapy that is needed in order for her to be well enough to come home. He would like to move her to another facility since she isn't getting the care that is needed. He was told that he could not move her since he is not her Power of Attorney. I wanted to confirm that this is true and what kind of Power of Attorney does he need to get, Medical or Durable Power of Attorney or both? Thank you!
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
While a Medical Power of Attorney is needed to speak for someone who cannot communicate and a Durable Power of Attorney is needed to access their funds to pay bills, the husband may need neither.  Section 313.004 of the Texas Health and Safety Code provides that if there is no Medical Power of Attorney, health care providers should turn to the next of kin, beginning with the spouse.  The husband and his wife may have a joint bank account which he can access to pay bills.
Answered on Jan 01st, 2021 at 5:25 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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