QUESTION

older sister is primary poa on our mothers Durable Power of Attorney. I am secondary in the event she is unable, unwilling or unavailable

Asked on Jun 10th, 2020 on Elder Law - Florida
More details to this question:
My father died 12/31/19. Our mother has Alzheimer disease. My sister stated "I have to find a place to put her because I'm not doing this shit." I want to take care of her. Our mother has her own Durable Power of Attorney paperwork, stating HER wishes for HER care. She never wanted to go to a home. This was a well known fact. By January 6, 2020, my mother was deemed indigent and incompetent, and process began to have her put on Medicaid. Jan 6, 2020, she was in a medicaid facility. I told her in writing that I wanted to take care of our mother. She emphatically denied my request. She denied our mother her very wishes for her care. As secondary POA do i have any legal recourse. She travels. she's verbally appointed our brother to handle things if she's unable, unwilling or unavailable. Is this legal for her to appoint anyone she chooses ? Do I have any rights to take care of our mother and handle her wishes as POA ?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
While the agent under a Durable Power of Attorney has authority over the person's finances, the agent under a Medical Power of Attorney has authority over their person, including communicating their wishes when they are unable to do so.  Are you the agent under your mother's Medical Power of Attorney?  If so, you may be able to get her discharged to her care.  Please note that caring for someone with Alzheimer's is a very difficult, 24/7 task which often becomes impossible.  For example, you may not be able to keep your mother from wandering, possibly out the door and down the street while you are asleep.  You cannot keep her from falling, which could result in a serious injury.  You may exhaust yourself with all the hand feeding, toileting, diaper changing and cleaning. There may be some help available at home through Medicare if your mother needs a scheduled visit by a registered or licensed nurse, a physical or speech-and-language therapist.  Typically we see the nurse come once a week, the therapist twice and a certified nurse's assistant come three times to help with bathing.  Some states offer more under Medicaid waiver programs but there are waiting lists. The reason many people wind up in a skilled nursing facility is that this is no longer enough. If you are the agent under your mother's Medical Power of Attorney and can get your mother discharged with your care, please get everything in place first.  You may want to talk with people at your local Alzheimer's Association, call the Alzheimer's Association hotline, talk with a geriatric care manager and determine just what kind and how much care you can pay for out of pocket.  You may want to join a support group for you and put together a group using lotsahelpinghands or sharethecaring.  Once all this is set up, you may want to talk to an elder lawyer about getting your mother discharged to your care.  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org)          
Answered on Jun 11th, 2020 at 5:28 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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