My brother resides 100 miles away, I am 1/4 mile away. I am primary care taker. How do I change an enacted POA to become #1?
I took my mother to the ER and was physically there with her, but had to wait for my brother to make decisions with a voicemail, and a return phone call back through out the night.
"If I am no longer able to make health care decisions for myself, due to my incapacity, I hereby designate (print name, address and telephone number) to be my health care agent for the purpose of making health care decisions on my behalf. If he or she is ever unable or unwilling to do so, I hereby designate
(print name, address and telephone number) to be my alternate health care agent for the purpose of making health care decisions on my behalf."
Which couldn't be much plainer, simpler or more to the point and is straight from the DHS for Wisconsin's own website at https://www.dhs.wisconsin.gov/forms/advdirectives/f00085.pdf
So for instructions on how brother goes about formally indicating his inability (geographical) and/or unwillingness (because it's just not working very well), I'd give the DHS a call and ask them; but as the website is so good you might find the answer by searching without difficulty, I didn't try that far.
1. Hire attorney to draw up a durable power of attorney that names you and sibling as equal co-agents permitted to act independently. Most states allow this. Of course, it only works well if you and sibling are on good terms.
2. Get parent to sign three originals in the attorney's presence--one for you, one for sibling, and one for parent.
3. Even if your parent has some level of dementia, if he or she can understand a simple explanation of the legal document--then the parent probably has "capacity" in the legal sense. The bar is kind of low, in other words, for someone to sign most legal documents. Even if they already have an official diagnosis of dementia.
4. Remember that the power of attorney allows you to act, but it does not stop the demented person from acting. Demented dad can go buy a new car if you take away his old car. Demented mom can take out large amounts of cash from the bank for a "friend." Preventing these scenarios takes more than the piece of paper called the POA.
5. Take POA to parent's bank. You and sibling should go together. Probably no need to bring parent. Just make sure the document is on file at the bank. They will probably scan it and give it right back to you.
If I were you, I would consult an elder care attorney just to make sure you do things legally.
(Mom's dementia is so advanced she is not aware of paperwork, or decisions that need to be made, and allows me to speak on her behalf at the doctor's and at the ER).
It's the hospital, the doctors and the palliative care team that is following the chain of command. :/
I appreciate your response!
If he resigns and God forbid, something happens to you then your mom doesn't have a POA.
If the form states unable or unwilling...then a notarized letter stating unable for a set amount of time (I would do 6 months) should default the POA to you.
Please talk to an elder law attorney before making changes that can not be undone.
Talk to hospital staff for assistance in the wording that they will accept & be able to implement. They won't charge you for that advice/clarification. Be sure to have updated copy on file with all local hospitals, LO's doctors and carry a copy. I would also scan to your phone with signatures, dates and Notarized clearly readable. A copy on a flash drive on your car keys is a good idea. You can also put lists of LO RXs, DRs, allergies, & medical conditions.
Many hospitals won't open the flash drive due to cyber security, but you can run to a office supply or copy center and print it out.
Hope this helps. I think it is good to have everyone in the loop. You should also have a time limit provision for treatment even if neither of you can be reached... including acceptance of responsibility to pay!
An ER will only do minimum to save life & limb in immediate danger of loss without someone signing release to bill insurance & responsibility for any balance.
Also be aware of exact rules the insurance has if there are any required or preferred Networks! Know what qualified as a covered exception and have that kept up to date in written Med. Directive & MPOA. This way hospital is directed in writing to make sure care provider is covered!
You didn't ask this, but if in Network Dr/hospital/clinic utilizes an out of Network Provider insurance should pay or the party authorizing the Out of Network Service is responsible for the bill. You put it in writing.
Generally if a in Network hospital, say uses specialist or Radiologist off site, then insurance is supposed to cover it since you went to Network Provider & have no control of whom they contract with. These Surprise Bills are a big problem these days, but mainly that people don't know their rights.
I had to fight this because the Only practice of Specialist needed were associated with OON hospital across the highway. If they are On all or only one available on staff, then they get grandfathered in for emergency or hospital stay. Outpatient they can require you to drive (50 miles in IL). Again know the rules & regs and put it in the documents. That way you are covered in a crisis.
Good Luck!
The only remaining legal option is for the brother to resign which would leave the mother without a back up POA.