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legalgems, Lawyer
Category: Legal
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My husband has medical and financial power of attorney, out

Customer Question

My husband has medical and financial power of attorney, out of the three siblings for his 80 year old mother. The other siblings aren't able or just don't have any interest in helping out. Her last fall ended with a complete distal femur break back in March 2016. She was only just barely getting around with a walker before that due to nerve damage from past back surgery and vascular disease which she refused to take care of in the past. After the surgery for the femur break is when the POA documents were drawn up and signed. My I been knowing my mother-in-law to be a heavy drinker and smoker for the past 30 plus years not to mention very insistent on continuing to be independent (which may be a good thing, I hear). After her femur surgery she developed pressure sores on her heels, one of which only heeled after a recent angiogram with 2 stints placed in the artery of her groin.
When she returned home for her surgery and rehab for her femur break she was told that she cannot stay alone. My husband and I started and found 4 woman who take shifts to be her. She has the money right now to pay cash and besides we did want to take a chance of not knowing the people that would be staying with her.
She requires help especially to keep her from developing bed sores because she does not feel when she urinates or has a bowel movement on her self. My husband also took it upon him self to have a roll in shower installed in her large utility room.
Since her angiogram procedure she refuses to shower, to let the woman help her clean herself and she has starting drinking heavily again.
Ok hopefully you get what we are going through. My question is, with his mother being so (I have no other words for this behavior) stubborn and down right ugly to these "employees", can he be held responsible if something medically unfortunate were to happen to her...The woman that stay with do keep a journal.
Submitted: 1 year ago.
Category: Legal
Expert:  legalgems replied 1 year ago.

I am sorry to hear that you and your husband are having to go through this.

So long as an agent signs as an agent, as the attorney in fact, they cannot be personally liable for the conduct of the ward. The agent is acting as a representative of the principal, and so long as they do not sign in their individual capacity they cannot be personally liable for either the debts of the principal, or the conduct of the principal.

It may be worthwhile to contact this non profit:

They can send out an ombudsman to help review the situation and make some suggestions, or even provide some training to the aides, to help ensure that they are able to cope with declining health situations. A valid concern would be the aids quitting without notice, and the senior not having proper care, so the ombudsman may be able to assist with a back up contingency plan in the event that happens.

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Expert:  legalgems replied 1 year ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!