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  1. #1
    Join Date
    Mar 2006
    Location
    Toledo, OH
    Posts
    126

    Default Medical Power of Attorney

    Ohio

    Can a person with Alzheimer's (late stage 2) sign a Medical POA? Grandmother is not of sound mind and was told to sign a Medical POA when there is already an existing Durable and Medical POA. Is this a legal document given the fact that she is in a nursing home (which supplied the form and notary) and has Alzheimer's and does not know who is with her or where she is at??

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Medical Power of Attorney

    Somebody who is not mentally competent cannot execute a valid power of attorney. Why did this occur?

  3. #3
    Join Date
    Mar 2006
    Location
    Toledo, OH
    Posts
    126

    Unhappy Re: Medical Power of Attorney

    There is struggle between two sisters over their mother's (grandmothers) care.
    The eldest sister had been given Durable POA and Medical POA. The other sister informed her (on the 17th of Dec.) that she now has Medical POA of their mother. Grandmother is late stage 2 Alzheimer's - has no idea where she is at and at times who is there to see her. She spends most of her day parked in a wheel chair against a wall staring out of a window. The facility that she is in does not specialize in Alzheimer's or Dementia. She was placed in this facility after being released from a hospital (after not taking her meds and going into congestive heart failure) for physical therapy because she was weak and at risk for falling. The facility has given up on the physical therapy because she has become noncompliant and is now in need of 24/7 care. Grandmother was living with her younger daughter (one that now claims to have Medical POA) and was not getting proper care because younger daughter does not wish to accept her mother's diagnosis of Alzheimers and is ashamed of it. The eldest daughter that has Durable over both - wants to move mother to a facility that specializes in the care that she needs. For some reason the personnel at the facility that she is currently in has the younger sister and mother (with other family members) believing that dementia and alzheimer's patients are drugged and kept tied up moaning all the time in the facility that specializes in her type of care.
    Aaron, I have been to where the eldest sister wants her to be moved to and it is nothing to what they have painted the picture to be. Where Grandmother is now, she is being left alone in a wheel chair staring out of a window, there are no activities specialized for what she needs, there have been different bruises on her face and body that no one knows how they got there.
    How can the younger sister get a medical POA and have her mother sign it and have a notary witness and sign it when the mother does not even understand what she is signing.
    The younger sister did claim on the 17th that she had Medical POA then - but the documents that were just received were signed and dated the 21st of Dec. We were originally told that the nursing home provided the documents and that the younger sister's nephew signed as a witness.....the documents that were faxed on the 21st are documents off of the Ohio Power of Attorney Health Care website to where younger sister is named an agent and then the nephew is named as an alternate agent, with no witnesses and a notary (friend of younger sister) witness and signed the document. Grandmother is not of sound mind - -how can someone with the right to notorize documents do so as a favor to someone.
    No one listed on the Medical POA has Grandmother's best interest at heart. At least the eldest sister was seeking better care for her mother and by trying to place her in a facility that is secure, that has a smaller bed number to where appropriate health care for her would be better and have activities to help keep what mind that is there still functioning - -
    and is an facility that specializes in the care that she is required to have and not just leave her in a place that is more concerned about the monthly income (Grandmother is now on self pay which means facility receives payment much faster than medicaid would be)
    Any guidance or input would be greatly appreciated and I hope that you were able to follow this.

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