QUESTION
Release of parent from facility and revocation of POA
Asked on Apr 05th, 2021 on Elder Law - New Jersey
More details to this question:
I was to get my mother out of a rehabilitation/nursing home facility where she does not want to be, is not receiving good care, and is at risk of getting COVID. My mother, who has all of her mental faculties, originally agreed to go for a few days. She is not happy and wants to leave. My sister has POA. I do not think this document was fully explained to my mother when she made her will. Moreover, I do not understand why the POA takes precedence over the express wishes of a fully functioning and cognizant persons.
1 ANSWER
2 Awards
It does not. A Medical Power of Attorney authorizes the agent to speak for the person when they cannot communicate. A Durable Power of Attorney authorizes the agent to access finances and pay bills without affecting the authority of the person who granted it. Neither authorizes the agent to determine where the person lives. If you need an elder lawyer to remind the agent of state law and the nursing home of the federal Nursing Home Residents' Bill of Rights, you can find one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org). Your mother can leave against medical advice at any time.
Answered on Apr 06th, 2021 at 5:09 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.