Elder has Power of Attny for my Mother

by limbogirl 23 Replies latest jw friends

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  Nathan Natas

  from: http://www.uslegalforms.com/poweratty.htm

  A power of attorney can be either general, durable or limited.

  FAQs

  1) What is a General Power of Attorney?

  A General Power of Attorney is a legal document which gives the person you choose (the agent) the power to manage your assets and financial affairs while you are alive. The document must be signed by you (the principal) while you have the required legal capacity to give your agent clear and concise instructions. The appointment may be for a fixed period and can be revoked by you at any time providing you still have the legal capacity to do so. A power of attorney ceases when you die. The executor named in your will then takes over the responsibilities of your estate.

  2) What is a Durable Power of Attorney?

  A "durable" power of attorney stays valid even if you become unable to handle your own affairs (incapacitated). If you don't specify that you want your power of attorney to be durable, it will automatically end if you later become incapacitated.

  3) What is a Limited Power of Attorney?

  A limited power of attorney allows the principal to give only specific powers to the agent. The limited power of attorney is used to allow the agent to handle specific matters when the principal is unavailable or unable to do so.

  4) Why have a Power of Attorney?

  When accidents, sudden illness, planned or unexpected absences occur, or when you just can't cope, you may need someone to manage your financial affairs. It can be done in anticipation of a future need, for a special purpose or for a limited time. The person you appoint is called your agent. The agent will (by your instructions) safeguard and manage your assets and financial affairs if you are unable to manage them for yourself or if you lose legal capacity.

  (...)

  5) Can a Power of Attorney be revoked?

  A Power of Attorney can be revoked by the principal at any time, as long as he or she is competent.
• 

  Mary

  limbogirl, I'm not sure of the legal aspects of it, but what you should do now, is make sure your mother is aware of ALL the information about the blood issue, especially the "Big News". Most Witnesses have not a clue of what the GB says they can take and what they can't...........
• 

  nsrn

  My family talked all around the various blood fractions, and the final word was "nothing red"!
• 

  serendipity

  Welcome nsrn! I'm glad you were able to discuss all this with your parents.
• 

  Mulan

  A similar thing happened with my mother several years ago. I was very upset and told her I wanted to be her power of attorney. I assured her that I would NOT go against her wishes. I wouldn't do that either. I don't understand why you would do that to your mother.

  It's her life, her religion. Let it be. In the long run, it's a lot easier to have a family member be the POA, or DPOA (Durable Power of Attorney)

  She let me change it.
• 

  nsrn

  Thanks for the welcome! Believe me, the long talk about the blood components was terribly uncomfortable. I've spent 40 years trying to NOT rock the boat.
• 

  blondie

  There are 2 types of POAs; one for medical, the other for financial. The WTS form is only for medical decisions. If any JW wants to make someone POA in regard to their financial arrangements, a different form would have to be used.

  So when a family member makes someone their medical POA, it does not give them power over their financial arrangements.

  A good point was made too that medical decisions involve more than whether a person has a blood transfusion or not, such as resuscitation, extraordinary means to prolog life, whether organs will be donated, etc. The WTS forms have specific sections for those issues. It all depends how much the JW does their own homework.

  The new forms have a section for allowing the HLC access to one's medical records, but that has to be specifically marked, it is not automatic by sign the form. I wonder how this meshes with current laws regarding confidentiality?

  Blondie
• 

  Oroborus21

  howdy,

  NSRN had some good practical advice that I would follow.

  The problems with challenging the document and having a court set it aside means a legal battle and probably an expensive one and you may not have time in an emergency situation.

  Your best option is to do whatever you can (short of coercion) to have a new Power of Attorney executed naming you or someone else you trust as the attorney in fact or the one making the medical decisions.

  (You ought to have your own documents yourself by the way) Have an attorney or if you are capable of doing it yourself, draw up the forms then sit down and have a discussion. Maybe videotape the session.

  have her execute the new forms and don't bother telling the Elder, until the situation calls for it.

  -Eduardo
• 

  Virgochik

  My parents recently informed me that they had given a medical power of attorney to an elder. I was very hurt by this, because they did it without even asking me whether I would honor their blood wishes. But ya know, they've just known Brother D. forever and trust him so much. I will never forget an experience I had with the loving Borg when my dad was in the hospital. He had a heart attack and I flew home to be supportive of Mom. When I arrived in his hospital room, a Sister was at his bedside talking to Dad and patting his hand. She remained stiff, back turned to me. (Mind you, I'm not DA'd. only faded.) She could hear me come in, and carry on a conversation with Mom, but totally ignored me. Finally, my Mom forced her to acknowledge me: "A. this is our daughter, Virgochik! She flew in from (my state) to be here." A: "Yes, hi." Turns back and resumes patting Dad's hand. I had to squeeze myself in the space next to Sister A. to get close to Dad.I wanted to scream, "Lady, get the f**k away from my father!" If this is how they treat family members during the more minor hospitalizations, only imagine the trauma for the family in a real crisis, with Brother Imthebosshere making the decisions, and you standing by helplessly. And it wasn't Sister A. who stuck around and followed Mom safely home, or helped her manage, it was me, her daughter, who REALLY loved her!
• 

  mustang

  ** An interesting down side to this: those eLDER's have been blindsided by this "good thing": they are signed up for every hang-nail & "boo-boo" that comes along.

  Oro is right, of course, and is an attorney. His thought is very practical: once it is "executed", the big question would be "is it properly drawn" when someone cries foul. And WTS has thought this out and gone through the legal motions before: their "agents" are thoroughly coached. You can "take it to the bank" that it is properly drawn, in most all cases.

  So, you're stuck; your "recourse" would be to challenge it and that is 1- expensive, 2- time-consuming, as Oro points out. [His main point is that #2 will burn you when your back is to the wall.]

  What he didn't mention it is that it s also 3- "a long shot" and 4- painful. Painful? Yes, you would most likely have to attack the relatives COMPETENCY.

  Things will never be the same. [Thank you Brooklyn, for the LOVE.]

  But NRSN has some important points from the different direction of the medical professional. And she points out how grossly short-sighted and INVASIVE OF OTHER'S RIGHTS this is in the long run.

  But back to **:

  are the eLDER's really ready to micro-manage others lives, like this? I suppose that they think so.

  But they have bit off more than they can chew: they are going to have hang-nails AND Life-support questions, past the blood for which they that they signed up.

  [Note Nathan's glossary: the LIMITED POA. If WTS was smart, it would be EXTREMELY limited; what do they really need to do beyond BLOOD?

  Way-to-go, Brooklyn, nice SPIRIT-DIRECTED shot!!!

  Anyone want to "make book" on low long until this abortion is modified? ]

  And somewhere, they will get in over their heads. I see infinite grief and real serious grounds for civil "cause of actions" brewing. [Which they may be able suppress or head–off...]

  But falling short of such litigation, there are going to be real serious hard-feelings in the congo's.

  There aren't enough MS or eLDER's to handle this mess: I hope they choke on it.

  Mustang