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inthestorm Asked November 2012

Is there a legal document my mom can sign (with her attorney) that gives me rights over her medication even though my sister has POA?

Is there a legal document my mom can sign (with her attorney) that gives me rights over her medication even though my sister has POA?

jeannegibbs Feb 2013
jabar22, a person can change POA as often as he or she wishes, unless they are incompetent.

jabar22 Feb 2013
Power of Attorney, can you override this document by filling out a new one?

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lefaucon Nov 2012
Get a new medical POA, 2 non-relative witness signatures, Mom's signature and it should over ride brothers medical POA--and give it to her PCP and all her other doctors. If brother doesn't care for Mom, he shouldn't have any say in any thing. Maybe see an elder law attorney and elderly advocate organization.

inthestorm Nov 2012
Thank you for your help.
My brother, whom agrees with me but does not care for mom is medical POA. He does not agree with what "our" sister is doing. Can he step in or will she still have power over him?

lefaucon Nov 2012
Dear inthestorm,
I have a friend who went thru hell in getting POA and medical POA for her Mom cause her sister was causing all sorts of uncessary trouble for her. Her boyfriend, who is a financial advisor asked the office lawyer about declaring someone incompetant to make decisons for themselves. The lawyer told him that a doctor cannot LEGALLY declare a person incompetant . He can state that she is incompetant in her records, but if there is disagreement among siblings only a judge can legally declare a person incompetant. For that you must hire an attorney and possibly go to court.
If Mom is "whispering" on the phone to you about being scared and hands shaking what else is going on? Why does Mom have to hide her conversations?
And I think that sis does have the power to take away the medical POA just by having Mom sign a new form for the medial POA. I would advise you to speak to an elder law attorney because if sis is not taking good care of her and withdrawing her meds and diagnosing Mom on her own, that's appalling. Get a lawyer.

lefaucon Nov 2012
Dear Inthestorm,
I agree with jeannegibbs. My brother has POA [executor of M and D estate], but I have medical POA because I am/ was the one taking care of both of them. You do not need an attorney for medical POA-also known as a Living Will. You can get the forms online-some simple, others more complicated. All you need is Moms signature, your signature, and two non-relative signatures. Then give copies to her PCP or other doctors treating her for whatever her illness is, her lawyer, and save the original for yourself.

inthestorm Nov 2012
My mom has not been declared incompetent but I would not put it past my sister to push this. I should have never let her go stay with my sister...but I was running on empty and my mom gets very angry when I try to hire help in my home (she doesn't need it but I cannot leave her alone). I had to give myself and my family a break. I have lost 20 pounds and I had to work into the wee hours of the morning to do my job. It is as if I am fighting two battles. I did not think there was a problem with my still handling the medication but my sister called the pharmacy and said she was POA and now I am not able to speak to the pharmacy! My sister holds back on the anxiety medication my mom has been prescribed (said it makes my mother's dementia worse). She is 84 and struggling with the inbetween of knowing and not knowing who she is or what was just said. It is very stressful for her. My mom whispers to me on the phone that she is scared and cannot stop shaking. How do I know she is getting her anxiety medication at all? The more I push, the more control my sister takes. As if life isn't hard enough?

cdo4fun Nov 2012
You and your sister are going to have to Come Together on this. Poa of estate and financial and poa of medical decisions. It can get very complicated and a mess real quick. Your mother is going to have to give her consent for you to deal with her doctors, your sister can still override it. Has your mother been declared incompitent? If so, your sister would be the one that would have to give you consent. Thats what I mean about messy. I wish you the best that everyone can come together and make it about the best for your mom and not a power play.

jeannegibbs Nov 2012
I think you want to be her healthcare proxy aka medical POA.

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