What Rights Does a Durable Power-of-Attorney Have?
Discussing any prospect of ‘forcing’ a person into a specific environment or circumstance is a difficult one. This can be complicated when you’re talking about assisted living or other long-term care options. If an adult child, for example, has a durable power of attorney over an aging parent, it may seem reasonable that he or she can make decisions about whether this elderly individual stays at home or moves into or out of an assisted living community.
Look at the details of that durable power of attorney.
The main questions people have early on when discussing this type of topic involves what decisions, exactly, they are entitled to make on behalf of the other person they are looking after. In a durable power of attorney, it should be stipulated clearly, leaving little doubt as to the veracity of that power, about what types of decisions, if any, the person holding that durable power of attorney can make for the other individual.
There may be certain medical issues that can only be decided by the aging or disabled person directly. There may be other situations that would allow the person with power of attorney to make those potential life and death decisions.
If it’s about living circumstances, the provisions should be made clear in the power of attorney. If they are not, the better assumption is to move forward with the understanding this elderly or disabled person still has every right to decide whether he or she remains at home, moves into or out of an assisted living facility, or chooses some other situation for their short or long-term care options.
Some people believe they know best.
This is often the case when an aging parent is being cared for by an adult child. That adult child may see a financial situation, safety concern, or other issue they believe the senior will not acknowledge. As a result, they take it upon themselves to do what they believe is best for this elderly person. It may actually be the best decision, but in many cases those things are still left to the elderly or disabled person to decide.
Power of attorney can be a tricky situation and overuse or overzealousness about the welfare and well-being of the other person could lead to friction in the relationship, arguments, fights, and serious potential damage in the relationship. It can even impact relationships with other family and friends. The best thing to do, even if someone has durable power of attorney to make these decisions is to defer to what the elderly or disabled individual wishes most.
For more information about assisted living in Hollywood Park, TX, contact Pipestone Place Assisted Living or to take a tour, call today (210) 718-0211.
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