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D
donrell Asked April 2011

What are my rights as caregiver of my elderly parents when my sibling is their primary proxy?

I'm their son and my sibling lives out of state.

EXPERT Carol Bradley Bursack, CDSGF Apr 2011
Lilliput has some great advice, as usual. Thanks, Lilliput!
I'd add that you can be co-signers and that your parents and your sibling may benefit from the advice of a third party, such as a clergy person or a trusted friend, since that removes family dynamics that can make things sticky. If your parents hear about the practical needs of your having POA - at least as one of the co-signers - they may be able to see the wisdom of a change. Also, you should have them sign the HIPAA papers that allow you access to their medical records. The clinic and/or hospital they use will have those papers. This is important since you are on the spot.
Good luck,
Carol

toadballet1 Apr 2011
Unless there is a compelling reason for an out-of-state sib to have the POAs, the primary caregiver should have both the medical and financial POAs.
For medical purposes, your mother could give her permission to allow you access to her medical records by indicating this whenever she goes to the doctor's office or hospital.
For financial, she can add you as a signer on her accounts.
Other than that, the person with the POAs is really in the driver's seat.
I would suggest speaking with your sib about tranferring them to you. If they trust you to do all the hard work of caregiving, why should you not have the POAs?

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