If the person still refuses to sign a power of attorney, you could suggest that they consider signing standby conservatorship and/or guardianship papers instead. These documents would allow them to choose who they would want to make financial or healthcare decisions for them.
How to get a POA for elderly parents in good health
If the adult child has power of attorney over the parent’s finances, it is lawful for the nursing home to ask the child to agree — in the role of power of attorney — to use the parents’ funds to pay the nursing home bills.
If you feel being mom or dad’s legal guardian is in their best interests, you will first need to petition a court of law to have your parent (the “ward”) declared legally incompetent based on evidence that’s heard by a judge.
AgeLab outlines very well the four types of power of attorney, each with its unique purpose:
Although a nursing home cannot require a child to be personally liable for their parent’s nursing home bill, there are circumstances in which children can end up having to pay. Federal regulations prevent a nursing home from requiring a third party to be personally liable as a condition of admission.
79: Average age upon admittance to a nursing home. 40%: The percentage of individuals who reach age 65 who will enter a nursing home during their lifetimes.
There are five ways to pay for Long Term Care in a Nursing Home, ALF or Home and Community Based Care:
When you can no longer care for elderly parents, a home care company can help. Professional caregivers can relieve the stress of family caregiving and begin supporting aging parents at home. Elder care management considers your loved one’s physical, mental, and emotional health.
What to Do When Elderly Parents Refuse Help: 8 Communication Tips
How Does a Family Court Determine If a Parent Is Unfit?
Do I need a lawyer to prepare a Power of Attorney? There is no legal requirement that a Power of Attorney be prepared or reviewed by a lawyer. However, if you are going to give important powers to an agent, it is wise to get individual legal advice before signing a complicated form.
The Principal can override a power of attorney as long as they are still of sound mind and body. The Principal can change their mind and revoke a power of attorney for any reason. If they decide they want to appoint another person as power of attorney, they can do that. Or they can revoke and cancel it altogether.
While the costs may vary widely, attorneys often charge flat fees for individual legal documents like POAs. A consumer could probably expect to pay a lawyer less than $200 for a POA in most cities.