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I would try to not focus right now on whether the doctor was at fault for something. Just focus on being with her at the hospice.
If your immediate need is to pay some bills (and you are not already a signer on her bank account), then an emergency conservatorship could be obtained. But unless a bank is about to foreclose on her house (if she has missed previous payments, for example), call them up and explain you can't pay it right now. Most banks will work with you. If it's for paying a credit card bill, you can always make the minimum payment and then be re-paid later, from her estate. Tough to think about, I know. If on the other hand you are talking about moving her money around, this is what a lot of elderly people fear and why they often do NOT want to sign a DPOA. It would be very easy for you to make a mistake with these transfers, which is why you should consult an attorney.
If you need health care decision making powers, check with all of her doctors. Perhaps they have a proxy document on file for her. This would certainly be easier than getting an emergency guardianship.
I didn't have medical POA for my dad but when he was in that situation, as his daughter, the doctors just worked with me anyway; nothing was ever said or asked about it
Many people on here say you can't get a POA but something needs to be done in this situation. Like the one suggestion says, get an emergency appointment with a judge to get guardianship of your mother to make decisions for her. You should be able to get this because you are a daughter, not just a friend of hers. This should have been done when she first went in for treatment in the hospital. You also say that the doctor is to blame for her condition. How did he do that? Contact a lawyer to see what your options are for that if you can prove negligence by the doctor.
I'm so sorry you are in this difficult situation. Unfortunately, only a person with capacity can grant a POA. If your mother recovers, and regains her capacity, then it would be prudent to do it then. If there is some sort of financial reason you need access to her money, for placement in a skilled nursing facility for example, then conservatorship/guardianship (the name varies from state to state) is likely your only alternative. Unfortunately, you really have to gage her likelihood of recovery. I know it's tough to think about that right now. A lot will depend on what you need the power for. If her condition persists for several weeks, you may want to consider the guardianship route. It's a hard decision.
This is a difficult situation since she did not grant you POA when she was healthy and cognizant. You definitely will have to go through the court system for this legal situation which means hiring an attorney.
TLAWR30, I am sorry to hear about your mother and hope for the best. Do you mean POA for healthcare decisions? There are two types of POA, one for healthcare and one for finances. It could be the medical personnel are hoping for a POA for healthcare in case important health decisions need to be made at some stage, and this is where it might be helpful to have it. I would ask an attorney what could be done in this case. I have heard of cases where sometimes the patient is ruled as incompetent if unable to make decisions for themselves, and the decision making is handed to a family member after going through the legal process.
GA, I had the same questions. When someone is in their last days, a POA or guardianship is not useful except in extreme circumstances. Most medical professionals are willing to work with family in letting them know what is going on. We don't know what the negligence of the doctor was, but it sounds pretty bad what you're going through, tlawr. Are the hospice people letting you know how things are? They are normally very good at talking with family.
Let's step back a moment. What are the issues for which you need a POA? Is it specifically to make medical decisions for your mother? To handle financial or legal transactions? Is your father alive, and do you have other siblings?
Has someone at hospice told you that you need to have a POA?
And without being negative about her chances, what is the prognosis for recovering from the coma, and leaving hospice?
What I'm wondering is whether you really need one or not. Are medical staff refusing to work with you and provide information unless you're named as a proxy in a POA?
Unfortunately, given your mother's situation, there's no way that you can get one unless she comes out of the coma. So that's why I question if you really need one or if there's another way to handle the issues that concern you.
Once again Pam S, while your answer has merit, your delivery and lack of warmth and compassion is totally lacking in this sad and difficult situation! Please try to find your compassion for human beings who are struggling!
TLAWR, sorry to read that your Mom is is Hospice care. Unfortunately there is no way now for your to obtain a Power of Attorney for your Mom. Only your Mom can identify someone to be her POA, and now that is not possible.
It sounds like you already have a POA ready to sign. Who prepared this document for you? Was the POA a form off of the Internet as no Attorney would prepare such a document without your Mom being present and of clear mind.
I'm sorry to hear that your mom is in hospice care and is in a coma. What she needs if for you to file for an emergency guardianship of her so that someone has the authority to tend to things in her behalf.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
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APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
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If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
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This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If your immediate need is to pay some bills (and you are not already a signer on her bank account), then an emergency conservatorship could be obtained. But unless a bank is about to foreclose on her house (if she has missed previous payments, for example), call them up and explain you can't pay it right now. Most banks will work with you. If it's for paying a credit card bill, you can always make the minimum payment and then be re-paid later, from her estate. Tough to think about, I know. If on the other hand you are talking about moving her money around, this is what a lot of elderly people fear and why they often do NOT want to sign a DPOA. It would be very easy for you to make a mistake with these transfers, which is why you should consult an attorney.
If you need health care decision making powers, check with all of her doctors. Perhaps they have a proxy document on file for her. This would certainly be easier than getting an emergency guardianship.
Good luck during this difficult time.
Has someone at hospice told you that you need to have a POA?
And without being negative about her chances, what is the prognosis for recovering from the coma, and leaving hospice?
What I'm wondering is whether you really need one or not. Are medical staff refusing to work with you and provide information unless you're named as a proxy in a POA?
Unfortunately, given your mother's situation, there's no way that you can get one unless she comes out of the coma. So that's why I question if you really need one or if there's another way to handle the issues that concern you.
It sounds like you already have a POA ready to sign. Who prepared this document for you? Was the POA a form off of the Internet as no Attorney would prepare such a document without your Mom being present and of clear mind.
Curious, why do you need a POA now?