Rights and Responsibilities of a POA Holder?

I hold my mom's general durable power of attorney and my niece is her health care proxy. She is in a nursing home that I do not care for. Do I have the right as DPOA NOT HCP to choose another nursing home?

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October 18, 20190 found this helpful

The power of attorney makes decisions when the person cannot make decisions for himself or herself. If she wants to move out of the home, you can do it on her behalf if she cannot move herself

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October 19, 20190 found this helpful

You will need to read the documents carefully as in each state they are written differently and each person can customize what the POA and HCP can and cannot do based on their own wishes.

If you don't understand the legal-eze, which I know from experience can be challenging, please ask the lawyer who drew up the papers to help you understand who can do what, and when.

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Now this is a moot point if your mom is still cognizant enough to make her own decision to move and sign her own papers. In that case, you can talk to her and if she agrees, she can move under her own agreement.

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October 19, 20190 found this helpful

Yes, with her permission if she is able to make her own decisions. If not it depends on your paper work in your state. A Lawyer may be able to assist.Sometimes there are variables in the contract!

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October 19, 20190 found this helpful

First off you need to read the paperwork and see what rights you have in all of this. Yuo also need to speak with your niece about the nursing home and tell her what is wrong. Maybe the two of you can work together to get her out of that home and into a new one.

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Other than this you will need to talk with your mom and work with her to get her to sign her own papers so she can move. If none of this is working for you, it is time to go and talk with a lawyer to see what they suggest.

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October 20, 20190 found this helpful

There is a very easy way to determine if you have the right to move your mother to another nursing home without going through a lot of legalese that will be difficult to understand.

Pick out the nursing home where you wish to take your mother and make an appointment to see the financial person at that home.
Take all papers concerning where your mother is right now, information on how the charges are being paid, all papers concerning your POA and present them to the new nursing home. Do not worry if you do not have all the paperwork as they will tell you what you need. Explain about your sister as well.

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Their financial will know whether you can make this move or if they are not sure they will consult with their attorney and you will know your legal answer within a couple of days.
I have helped people do this and I know it will work without a lot of bother on your part.

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October 20, 20190 found this helpful

I'm sorry, it was your niece and not your sister.

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