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dnajaras Asked January 22, 2024

Is Health Care Proxy the same as the "responsible party." If so, what is the responsible party responsible for?

Reaching out to my elder attorney for advice. However. in case anyone has advice until I can hear back from her.


 


I noticed the md wrote a note that I am the responsible party/hcp. I agree for now to make health care decisions for my mother. However if "responsible party" means more I need to know what more responsbilities are included and exactly what it means. For example, to pick up prescriptions, take to all MD appointments, etc. I live 500 miles away.


 


Any advice for hcps who live 500 miles away? I asked the POA if I can I am not sure I can afford a geriatric case manager. The POA is not willing to fund one out of her estate funds despite requesting it. Someone suggested moving my mother closer to me.

dnajaras Feb 8, 2024
fyi I was able to get through to my elder attorney. She confirmed that HCP is solely responsible for making health care decisions and at the most regarding admission documents if they feel comfortable sign "consent to treat". This can be done from a distance. I will continue to set boundaries with family members such as the POA who demands I sign financial documents related to admission to a nursing home, pick up her prescriptions which involves a copay, order an ambulance which also involves $$. Thanks for kind support from people.

MACinCT Jan 24, 2024
Do not agree to be the responsible party to anything financial. It means you will see bills and you are notvthe POA

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AlvaDeer Jan 22, 2024
Also, D, you do not have the power to move your mother closer to you.
You are not the general POA.
We have told you over and over that the General POA is responsible for almost everything as regards your elder.
This has been so ongoing.
Please speak with your attorney who by now will have explained to you exactly what powers you have (which amount to almost nothing).
A general POA has all of the powers in his/her document. Which are often a LOT, and that includes placement and moves.

lealonnie1 Jan 22, 2024
All from Google:

https://www.everplans.com/articles/how-to-be-a-good-health-care-proxy

https://www.nia.nih.gov/health/advance-care-planning/choosing-health-care-proxy

https://www.nerdwallet.com/article/investing/estate-planning/health-care-proxy#:~:text=No%2C%20typically%20there%20is%20no,legally%20enforceable%20in%20your%20state.

Is a health care proxy financially responsible?

No, typically there is no financial burden to being a proxy, and they will not be required to pay medical costs related to their decisions. Consult an experienced estate planning attorney for advice about your circumstances and to ensure that your health care proxy designation is legally enforceable in your state.

What is the difference between a POA and a healthcare proxy?

In this scenario, their Financial POA can legally step in and help out. They can even perform important functions such as managing investments and real estate assets. A Health Care Proxy cannot perform any of these functions. Instead, their legal agency lies strictly in healthcare decisions.

In addition to what I've posted here, there is a TON more info available to you on Google about your role as a H CP and the roles of POA.

JoAnn29 Jan 22, 2024
I would think that "responsible party" means you are the one he contacts or you are the one who can talk to him and his staff. No one expects you to drive 500 miles for a prescription or take her to appts. The prescription can be called into the persons pharmacy or given to the facility they are in to have it filled. There are fax machines and emails. The FPOA can set up rides for Mom or take her themselves.

I have said before, all your POA is for is to carry out Moms wishes with the doctors and Nurses. Your POA in only invoked if Mom is not competent to make health decisions. You don't need a case manager. Your responsibilities are not that broad.

AlvaDeer Jan 22, 2024
Hcp/responsible party means:
"the party responsible to making health care decisions when the principal party is unable to make said health care decisions for him or herself". These are decisions REGARDING HEALTH CARE OPTIONS.
They have nothing to do with general POA which is held in your case, as you told us, by another family member.

Your questions are repetitive, D.
This concerns me regarding your ability to serve as any responsible party.
Please discuss, as we have suggested many many times with your attorney.
Opinions of random strangers on a forum (including my own) are worthless.

BarbBrooklyn Jan 22, 2024
If you sign on the line that says "responsible party" on an admission form for a facility or for a doctor's office, it means you are agreeing to be the financially responsible party, i.e., responsible to pay the bills.

MeDolly Jan 22, 2024
Whoever holds the DPOA is the responsible party. If they only hold the financial POA then that is different.

Are you trying to become the Medical POA? The LO must be of sound mind in order to change or add any directives.

If the POA refuses to extend funds for meds exactly how do you think you will do this?

Please provide more information.

dnajaras Jan 22, 2024
Is the POA considered the responsble party or does it include whoever signs a "responsible party" doucment?

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