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My brother is the durable POA for my mom. Last Dec when my mom had a home visit, her doctor asked her who she wanted to be in charge of her healthcare decisions and she said that she wanted me to be. So her doctor got me a healthcare rep form to fill out. She filled out my name and her name. Then I signed the part where it said delegated person and that is me. She watched me sign it.
Just found out from her atty today that my brother, as durable POA, covers her healthcare also. I thought that what I signed cancelled the healthcare part. This was faxed over to him in January of this year, before my mom was diagnosed with dementia. They never called me to tell me that it wouldn't hold. So I thought that everything was okay. I had it notarized and all. I told her atty that, via e-mail, and he hasn't responded back to me.

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She still is mentally competent.
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Since your mother did not sign the form when it was completed, it is not a legally binding document.

You cannot have her sign it now, since she has been diagnosed with dementia and cannot enter into a legally binding contract, which a Representative Agreement is.

You need to sit down with your bother and the lawyer handing your mother's affairs and sort this out properly.
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Judy79 Sep 2019
Wrong, my co-worker had her mom sign something legal and she understood what she was signing. She had lewey body dementia. So I guess it depends where you live.
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Judy, I misunderstood and thought the health care proxy your mother's doctor provided was already signed.  If not, and she's been diagnosed with dementia, whether or not it would be valid will depend on if your mother understands what she's signing.   

And thanks for responding to my posts.  At least I know someone's reading them !  Some people post and never come back again.

Sure hope this situation works out well for you.
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Judy79 Sep 2019
Mom understands. I talked to her tonight and she signed the paper and I explained to her what she was signing.
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Judy, when my bro fell ill it was suggested in hospital that, as my health care POA was very old, we do a new one and go through it all again, and we then called in the notary to witness the signatures. As I understand it the NEW replaces the old. Yours is witnessed and/or notarized, as you said. I believe it is the one that will be accepted as the newest. If someone is going to now contend that your isn't legitimate I guess you are looking at court fight? You two would not be able to work together? Because this might otherwise be yet another sibling court fight? Are there major things about which you disagree as regards her health care moving forward?
If your document attests that she understands she has made a previous POA for Health and that she understands this one she made with you supersedes it, then it means that the latest one made with you is the one that has standing. However she cannot sign anything now due to the uncertainty of her mental status and diagnosis and the possiblity of dementia. At least not without a doctor attesting she is capable of understanding this, and a lawyer understanding she understands what she is signing.
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Judy79 Sep 2019
She understood what I was telling her tonight. My brother doesn't understand crap about what her healthcare needs are. I do. He has me doing everything healthwise that he should be doing. Shoot! He didn't even know that she wears 2 hearing aids! And this is his mother! Of course, he didn't live with her as long as I have done. Her dementia is mild compared to others and she does understand what she is writing. Her atty said that if she signs it, then it would be legal to have it changed. Well, she signed and and it will be notarized by the same person that did it last year.
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Adding something else...you do understand that the medical tasks you handle now aren't necessarily the only ones addressed in any health care proxy?   That typically life-saving measures and DNR issues are included as well?   

Taking care of meds and visits to the doctor are part of a health care proxy, but not the full spectrum.

And a well drafted health care proxy SPECIFICALLY addresses those life-saving measures. 

I'm not trying to insult you, just to clarify the authority you will have when the time comes.
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Judy79 Sep 2019
Don't worry, I understand.  I have been taking her to all of her doctor's appointments and making sure that her medicines are taken weekly to her.  Order her meds when necessary. My brother had me fill out all of the medical part of the DNR,etc. as I work in healthcare and understand that more than he does.  I guess.  So that is taken care of.  She still has some of her mental capacity there.  At least she is getting some of it back slowly.  But I know that it will never come all the way back.    This all started when she moved into her apartment last year after she sold her house.   She didn't know the area and we do.  Because my brother is a teacher and he signed a contract with the school, he can only take off for emergencies.  Isn't his mom's healthcare an emergency?  But in a way, I can understand why he doesn't want to mess up anything with any fear of losing his job.  He is 63.  He can retire now if he wants and will be well off financially but he chooses not to.  Keep helping me out and telling me what I need to know.

Thank you very very much!
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Well, I just lost the entire message I've spent some time on; I've been having problems posting here for the last several days.  

So, just to cut to the chase (I can elaborate later if you like),
the wording "I understand that if I have previously named a healthcare representative the designation below supersedes (replaced) any prior named Healthcare Representative(s)" should act as elimination of your brother's previously granted authority, even though the document appointing him PROBABLY should have been amended to affirm that he still has the financial/business proxy.

I'm assuming though that the attorney signed as witness to you and your mother's signatures, as did the notary?  If the notarization took place separately, there is a problem with the validity of the document.  

I'll try later to elaborate if it helps you but right now I'm fed up with having what I write blocked by some kind of posting malfunction.
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Judy79 Sep 2019
I just need to have my mom sign it, which I am going to do tonight.   The atty won't have to sign it.  I just have to get two witnesses.  My husband and someone else.  I guess that I can take her to church with us on Sunday and have her sign it in the presence of out church notary.

Really don't know what the atty thought.

My brother might not like it but oh well.
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I am pretty sure that she had some kind of dementia in Dec last year but wasn't diagnosed until June of this year.  The form says "I understand that if I have previously named a healthcare representative the designation below supersedes (replaced) any prior named Healthcare Representative(s)".  So what does that mean?  Just because my brother is Durable POA that what I signed and my mother saw me sign still doesn't hold anything?
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Hmm...perhaps what the doctor had you sign was a HIPAA release? This allows the docs and staff to discuss your mom's medical info with you, and for your to provide input to them that they will accept. This is different and separate than the medical PoA. This is what I have with 4 elderlies I manage care for, and I also have medical PoA for them, but still needed this form to be signed by all of them. I'm in MN and my LOs are here and in FL. You are in IN, not sure if it's just very different a process there. I've never heard of a doctor giving a medical PoA form to a patient. Is your brother also in IN? Someone from your state might need to answer your question. You may also be able to contact your area's council (or agency) on aging...they can answer many questions and have resources.
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Judy79 Sep 2019
He is in Indiana also.  Her doctor gave it to me to have her fill out.   Since she wanted me to be her healthcare rep, can the form be signed again with her signature?  I really don't think that she really cares at this stage of the game.  I guess it really doesn't matter since the main thing is to take care of my mom's health the best that we can.  He doesn't do anything regarding her healthcare.  I do it all.  Take her to doctor's apt, make sure that she gets her meds, etc.  He is just doing her financial part.  He doesn't  know anything about healthcare. He is a delegator also.  He told the healthcare facility that I would take care of her medicine.  He didn't even ask me.  He is totally ignorant when it comes to healthcare.  I work where her doctor works.   It's not a HIPAA form either.  It says "healthcare rep".  Also says something about me making the decisions about her healthcare.
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