Hi everyone! I am looking for some insight on Healthcare POA. I will be drawing one up mainly for the purpose of going with my mom to one of her specialist appointments (POA is required b/c of strict Covid regulations), but I also know this is something that I should be taking care of anyway for long term. She would like me to be her agent (her husband is not mentally capable to handle her health affairs) but she brought up a concern that b/c I live in a different country part of the year, she thinks that it might create an issue in the event that something happens to her while I'm away. She thinks that in an emergency, she would not receive care if they couldn't reach me and I told her that's not the point of the POA, they can't refuse her care. But now her worry is rubbing off on me and I'm wondering if there's something I'm missing here? Can anyone foresee any issues with this scenario (me living abroad as her agent) that I'm not considering? TIA for your help!
Disclaimer: I do not profess to have authored the above information.
To the OP (Original Poster, annasita): This may or may not assist you in your query. I do understand that the POA may not have been executed abroad. However, please remember that as Medical Power of Attorney, you are now your mother's agent (or otherwise known as attorney in fact) and you are acting on behalf of the principal, who is your mother.
I saw your reply to Geaton777, wherein you state that YOU can add her husband as secondary agent. That is incorrect since it is the principal, your mother, who must do that if desired.
The biggest potential problem I foresee is how well your mom can manage her medical issues and how much clarity you can get from doctors and healthcare providers.
If mom can’t drive, how goes she get to the doctor?
What if mom needs PT and doesn’t do the at home exercises?
What if mom doesn’t understand enough to ask thoughtful questions at a doctors appointment?
What if mom misunderstands the medical problem and treatment?
What if mom calls 9-1-1 every time she panics?
What if she’s admitted to ER and left til hell starts to freeze? (I went to an ER that was overworked and AWFUL. Blood dripping on the hallway floor and the idiot tells me the janitor who is 20 feet away needs to clean the bathroom first. Left the person I brought in the hall with people everywhere during Covid until I got the floor nurse)
Is mom capable of managing her meds and getting refills?
What if there is a post treatment recovery that takes months? How does she manage daily living?
You may be able to manage the legal side and the technical side overseas but who manages the every day logistics?
The doctors then can speak with you once you mail them you POA. Most hospitals now keep them on record.
Yes, you can do this, and indeed you can do ALL POA and Trustee work from being away, but it is a more difficult for CERTAIN.
And as to complications. There will be those and plenty of those no matter where and how you attempt any of this. Be ready for anxiety and frustration when you are in the snares of the medical system, esp. now.
I don't think the office staff understand that there is different wording when it comes to a medical POA. Proxy in my opinion is the same thing if it lists what Mom wants and doesn't want when it comes to her care. I really don't see what the difference is in you writing a POA and having signatures witness by a notary. Was that not done when the proxy was drawn up?
"She thinks that in an emergency, she would not receive care if they couldn't reach me and I told her that's not the point of the POA, they can't refuse her care."
It may be less about refusing care than making decisions on her behalf about her care that could be the problem. If your mom is cognitively fine, why is she needing a PoA? Your reasons about covid seem...unusual. In the US she can assign you as her Medical Representative, which is a simple HIPAA form she asks for at the doctor's clinic and fills in your name to be her rep at that doctor's office. No notarization or lawyers required, she just signs the form and turns it in to the clinic. This form would allow her medical staff to communicate her protected private medical info to you without her having to be present. It doesn't allow you to make medical decisions on her behalf.
I live across an ocean from Mom, 6 hours time difference and have for 20 years. **Because** I'm far away I have always been super conscientious about being available by phone (I always pick up, always have it on even while asleep) and so far, I have never been unreachable but there's a first time for everything, of course and this is is a serious matter, so want to be sure I'm taking all eventualities into account.
I can add her husband on as a secondary agent, it's just that he's not been very active in her healthcare matters (intentionally ignorant, I suppose) and not very well educated and I wonder what other complications this could create. I worry that any decisions he makes won't be very well considered. Although I would hope he would not make decisions without me.
This is just a lot to think about unexpectedly when I'm just wanting to attend an appointment with Mom right now!
The issue is, I have to complete this document today to go get it notarized b/c the appointment is Monday. We would have done a POA eventually but wasn't expecting to do it now (I wasn't aware I had to have a POA in order to attend the session but this is a requirement due to Covid).
So this now raises more questions:
1. Is there a reliable online legal service where I can get advice on this?
2. If we filled it out w/out a lawyer for now, just for purposes of me being able to attend this appointment, could we update the POA in future and what does that involve?
https://www.aginglifecare.org/