General AdviceLegal

Rights and Responsibilities of a POA

My husband is in a nursing home. My stepson wants POA for him. I have burial insurance on my husband. If my stepson gets POA on my husband can he take my burial insurance I have on my husband?

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July 3, 20180 found this helpful

I strongly recommend talking to a lawyer or legal aid and not crowd sourcing info as this may be different in different states and different situations.

If you don't already have a lawyer and need legal aide, don't just Google it to find help; talk to your state senator (that you can Google) and ask him/her for help to find you a reputable legal aide source. I found mine by putting in my city, state and the words State Senator.

Services from your state senator are paid for by your tax dollars so there is no fee when you call or go there. That is the best source I can recommend to help you as I have always had good experiences using my (PA) team!

Good luck!! Take care! Prayers for all!!

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July 3, 20180 found this helpful

This is a legal question. The POA allows your stepson to speak when your husband cant.

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Im not sure why you would object to using the burial insurance, as I assume that is why you purchased it.

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July 3, 20180 found this helpful

There are several types of POA and each one gives a little different/more "power" to the holder so it is very important that you seek legal counsel before your husband (and you) agree to this step.

  • As far the burial insurance, there are many types and some can be changed to cover other things so you should refer your question to an attorney.
  • The question I would ask; why is there a need for a POA? Are you turning over all legal matters concerning your husband to your stepson? Will he be handling your bank accounts? Paying your bills with your money? Will he be making decisions about your husbands health care?
  • These are the kind of things you need to know about and that is the main reason you should seek legal counsel before anything is signed.
  • If you cannot afford to pay legal fees, pay a visit to your family services office or legal aid society and explain your concerns.
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    If you are a senior there are also other sources through the senior services agency so look these up on Google with your zip code.
  • You probably should make the nursing home advocate aware of what your stepson is wanting to do and let them know that you would like to seek help before you (or your husband) agrees to anything like this. After all, you should have full knowledge of what is happening if it will affect you in any way.
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