Can I get a POA without my mother signing or is there another document that will allow me to make decisions for her?
Ever since I can remember, my mother has refused to give me power of attorney to avoid, precisely, ending up in a nursing home. Fortunately, it was not my doing, it was ordered by the attending physician at the hospital on one occasion too many and followed by her own medical doctor, because mother was becoming more and more unstable and irrational. Now that mom has shown marked improvement, she prefers to still not give me a power of attorney if ever she gets worse again. Does anyone know or can anyone tell me how I can get a power of attorney without my mother signing or is there another document that will allow me to make decisions for her? I already know that what I am giving her is making her better, so I do not foresee that happening anytime soon, but just in case she starts to regress.
It might be something like "My proxy is prohibited from placing me in a nursing home w/o my consent". Then elsewhere in the document there might be a clause "anything herein to the contrary notwithstanding, my proxy is not prohibited from taking legal action to address serious medical conditions"...something like that.
It seems as if it could be a crossover to a Medical POA, and in some ways it is, but it also overrides the no nursing home prohibition under certain (such as exigent) circumstances.
From your description, it sounds as though she might have been declared incompetent by two physicians. I believe this would be a matter of public record. Speak first to the social worker at the nh.
is really the only way to gain authority over another adult who is unwilling to give it freely. It can be a lengthy and expensive process typically requiring the involment of an attorney.