Can I Use Power of Attorney to Transfer My Parent to Another Nursing Home?
The field of elder law can be confusing if you do not have any experience. Most people with a casual understanding of power of attorney, guardianship, and healthcare proxy often feel that the three are interchangeable. The truth is that each is a separate type of legal document that serves a very specific purpose. If you feel that your parent needs to be transferred to a new nursing facility, you might be surprised to find out that a power of attorney is not enough to get the job done.
Transferring a Parent to a New Facility
There are many reasons why adult children decide they need to transfer their parents to a new nursing home. The existing facility might not be able to handle the parent’s advancing conditions, or the adult child fears for their parent’s safety. But the decision to actually move a patient is not necessarily decided by a power of attorney.
The Power of Attorney
In general, a power of attorney allows someone the ability to make financial and contractual decisions for the party in question. There are many forms of a power of attorney that can create different types of powers, but these two areas are the most common for a power of attorney to handle.
The power of attorney does not give an adult child the permission to move their parent to a new nursing facility. The parent, even if they are considered unable to make most decisions on their own, has to agree with the decision for it to become final. If the adult child wants to get the authority to move their parent into a new nursing facility, the adult child will need to get guardianship over their parent.
This is Why You Need an Elder Law Expert
A health proxy is limited to decisions regarding medical procedures made on the person in question and not issues that have to do with long-term care. Too many people feel that once they have a power of attorney, they have all that they need to make the important decisions for their loved one. But as long as their loved one can communicate, the courts will want the loved one’s input on long-term care issues. An elder law attorney can help sort all of this out for you and make sure the proper vehicles are in place for you to care for your aging parents.
The law can be confusing when it comes to a wide variety of issues regarding the care and welfare of the elderly. Our firm has years of experience in elder law issues and we are ready to answer your questions and help you to take care of those you love as they get older.