I think that you may be in a position to know when the nursing home or hospital or others reach out to the next of kin to find out who holds POA on an elder who is unable to inform them. If there is none, then a social worker will usually contact next of kin to see if someone will act as conservator or guardian if the Social Worker assists with getting court permission for temporary guardianship. If your Aunt did appoint a POA to serve when she is incapacitated, and that person knows that she is indeed in need at this point, then they will step in. The nursing home will reach out to next of kin or next of kin will reach out to nursing home I am assuming. You give us little information here, so I hope this helps.
I’m a little confused by your question. If I have misunderstood, please give more details. POA, in my experience, is not something on file down at the courthouse. If your aunt gave her POA to someone to act in her stead when she could no longer make decisions for herself, then that person might not appear until they are needed and you come to understand that they are aunts POA. The POA is under no obligation to prove to anyone that they are POA unless they have business on the aunts behalf with that person or entity. Part of being a POA is keeping the principals business private. If your aunt has had a stroke and now is in rehab at a nursing home and you are wondering if someone had to be her POA in order for her to be there, not necessarily. Her condition may have warranted the sequence of events and the medical community took the necessary steps to get her the care she needed. If there was no family available to tell them otherwise and for the medical decisions to be legal, they they (hospital, adult protective services, NH) may have asked that an emergency guardianship be granted.
You used the word “temporary”. Yes, a person can be given temporary POA or guardianship.
POA is given only by the principal. In this case your aunt. As an example I might give temporary power of attorney for someone to dispose of an automobile for me. When the transaction is complete, the power of attorney is no longer valid.
Guardianship is given by the local government when it is necessary, when the person is incapacitated and needs oversight and there is no apparent POA or the principal is no longer able to assign a POA. If a guardianship has been deemed necessary for your aunt, then she is no longer the principal but rather the ward.
Guardianships are on file at the courthouse. Guardianship laws are state mandated. So NY guardianship laws will be different from California’s. They are not federal but state mandated.
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POA, in my experience, is not something on file down at the courthouse.
If your aunt gave her POA to someone to act in her stead when she could no longer make decisions for herself, then that person might not appear until they are needed and you come to understand that they are aunts POA. The POA is under no obligation to prove to anyone that they are POA unless they have business on the aunts behalf with that person or entity.
Part of being a POA is keeping the principals business private.
If your aunt has had a stroke and now is in rehab at a nursing home and you are wondering if someone had to be her POA in order for her to be there, not necessarily.
Her condition may have warranted the sequence of events and the medical community took the necessary steps to get her the care she needed. If there was no family available to tell them otherwise and for the medical decisions to be legal, they they (hospital, adult protective services, NH) may have asked that an emergency guardianship be granted.
You used the word “temporary”. Yes, a person can be given temporary POA or guardianship.
POA is given only by the principal. In this case your aunt. As an example I might give temporary power of attorney for someone to dispose of an automobile for me. When the transaction is complete, the power of attorney is no longer valid.
Guardianship is given by the local government when it is necessary, when the person is incapacitated and needs oversight and there is no apparent POA or the principal is no longer able to assign a POA. If a guardianship has been deemed necessary for your aunt, then she is no longer the principal but rather the ward.
Guardianships are on file at the courthouse.
Guardianship laws are state mandated. So NY guardianship laws will be different from California’s. They are not federal but state mandated.
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