No Power of Attorney = Your Out of Luck!
By Amy
@simpleliving3251120 (497)
Manahawkin, New Jersey
February 12, 2016 1:02pm CST
My dad is an old school type of guy. For the past two years my sisters and I were trying to get him to have a Power of Attorney set up by his lawyer. He refused.
About a month ago he ended up in the hospital with a major medical issue that left him in a confused state of mind. He needs to go into a nursing home in order to receive the proper level of care.
Only problem - He has no Power of Attorney. My sisters and I can either pay for his nursing home out of pocket (it's over $7,000 per month) or pay over $10,000 in legal fees to get guardianship for him. We don't have the money for either scenario.
Depending on the nursing home, he can basically be turned away and put who knows where.
Get a Power of Attorney form! My husband & I are literally running to our lawyer to get proper paperwork so our children don't have to face a situation like this.
If you have ever had to deal with something like this please comment. I can use all the support I can get!
7 people like this
7 responses
@yukimori (10192)
• United States
12 Feb 16
What I'd recommend doing is talking to the hospital. See if they have a social worker on hand that can help you navigate the system. This probably isn't the first time they've faced this issue, and they may know of a way to expedite the process without you needing to go through the hassle and expense of an extended legal proceeding. If they can't help you, it's possible there is someone at a nursing home nearby who can.
3 people like this
@simpleliving3251120 (497)
• Manahawkin, New Jersey
12 Feb 16
Thank you so much for the advice. Have you ever been faced with something like this?
1 person likes this
@yukimori (10192)
• United States
12 Feb 16
@simpleliving3251120 I haven't, no. It's very likely to come up in the not-so-distant future, though. We're going to have to have my brother-in-law ruled incompetent so the court will appoint a guardian for him. My mother-in-law never bothered to establish guardianship for him before he turned 18, so he's currently legally responsible for himself even though he has a severe mental disability and functions on the level of a small child. It's incredibly frustrating to have to deal with, but I had no idea until recently that she'd decided not to pursue it.
1 person likes this
@simpleliving3251120 (497)
• Manahawkin, New Jersey
12 Feb 16
I agree. It's important to get things set up for your loved ones in case of an emergency. Tough times are difficult enough. People don't realize how uncertain life really is. Congrats to you for getting your affairs in order so that you may enjoy life with peace of mind. Have a great weekend!
1 person likes this
@Marcyaz (35316)
• United States
12 Feb 16
That is to bad that your father didn't have the power of attorney form filled out, here you can get one from the hospital or your doctor and have it signed and they can make a copy. I have all of that filled out and filed with my family, doctor and hospital.
1 person likes this
@Raine38 (12387)
• United States
12 Feb 16
I have to make a power of attorney for my sister but for a different reason and purpose. I have a couple of properties in the Philippines and since I live and work here now, I am simply unable to care for and maintain those properties. Giving a POA to my sister solves everything - she was able to get the properties services, pay taxes, fees, etc. I trust her completely and of course I make sure that her troubles and whiles are taken cared of.
1 person likes this
@Rohvannyn (3098)
• United States
7 Mar 16
That's a really valuable reminder. Thank you!
1 person likes this
@sallypup (69256)
• Centralia, Washington
7 Mar 16
What a sadness. I grew up in a large family. Due to age and my Mom's moving into dementia I have divorced that family. I am glad I no longer need deal with such issues. The sister that Mom now lives with feels it right that she withdraw 500 each month from Mom's account. Mom will say that she does not want that then the next day not remember that she said that. Literally taking candy from a baby. Good luck to you and yours.
