Is it the responsibility of a DPOA to get the person they are POA of to the doctor? The DPOA is the ex-sister-in-law.
My sister is the person who needs help. She has been under this same POA for at least 13 years. My sister has many health issues including going deaf in the last few years. She has not been to a doctor in years.
When you get Durable POA, you should have a Financial written up and a Medical. My Mom's medical was written like a living will. Saying what she did and did not want concerning her health if she could no longer make decisions.
There is a difference between DPOA and POA, there is also General POA, Limited POA, POA for medical, POA for finances, POA for medical and finances. Does your sister have an Advanced Directive or Living Will? The laws on Durable Power of Attorney have changed in the past 10 years. So this DPOA might not have the authority you believe is there. Some DPOAs and POAs have expiration dates, as well. It may no longer be in place. Laws differ depending on state law. I have had clients with POAs established in other states that are not recognized in the state of Vermont. The use of 'Durable' is dependent on the state in which it was established. In some states, durable means the agent has immediate authority, which may terminate upon an incompetence determination. In other states, durable means the authority of the agent starts when one is deemed incompetent. Check the documents if you have access to them. You may also want to seek out the advice of an Elder Law Attorney. Also, it is not easy to have someone deemed incompetent. Here in Vermont, it can only occur on the judgement of a court.
Like said, if ur sister is confident, she can revolk exes POA and assign someone new. In the meantime, call the ex and ask if there would be a problem for you to set up appts for sister and take her. Even though there is a POA in place, sister can still sign a HIPPA form saying its OK for you to discuss any findings if she is competent. If the POA says No, then I would call APS and explain you feel your sister is being abused.
POA is not guardianship. My POA read that mine came into effect at time my Mom was considered incompetent. (there will be other members who will talk about a "springing" POA and one that takes effect when signed)
joann what you had WAS a springing POA. A regular POA goes in to affect when signed. A “springing POA” goes in to affect when certain conditions are met-such as being declared incompetent.
If competent sis can change the POA anytime she wants.
The POA, if sis is incompetent, has the responsibility of making sure SOMEONE is helping her to the extent needed. It does not have to be the POA, personally.
If sis is competent then sis is responsible for these things herself.
4 Answers
Helpful Newest
First Oldest
First
ADVERTISEMENT
POA is not guardianship. My POA read that mine came into effect at time my Mom was considered incompetent. (there will be other members who will talk about a "springing" POA and one that takes effect when signed)
The POA, if sis is incompetent, has the responsibility of making sure SOMEONE is helping her to the extent needed. It does not have to be the POA, personally.
If sis is competent then sis is responsible for these things herself.