What rights does having medical power of attorney give someone?

Question

My 100 yr old grandmother is still in her right mind and still lives in her own home.  She is currently recovering in a nursing home from bleeding ulcers and will be going home in a couple of weeks.  One of my cousins (who had basically disowned our grandmother 8 years ago) suddenly put in an appearance & started taking charge of her medical needs, issuing orders to the nurses at the nursing home and is claiming she has medical power of attorney.   That doesn't sound right to me - that she can issue orders like that for our grandmother when she has all of her faculties.  She isn't even a doctor or a nurse.  I think she is like this because she works in an administrative office in a hospital not far from the nursing home.

If anyone knows, can you please tell me if having medical power of attorney gives someone the right to force someone to have a medic-alert pendant and a host of other things as a "requirement" to go home?  She - the cousin - off-handedly claims that it is the nursing home making this requirement, but I don't think so.  She is ignoring everyone else in the family that still resides locally and basically is doing what she THINKS our grandmother needs.  Also, in the 8 years of absence & non-communication with anyone in the family, I have been looking after our grandmother - making sure she has all her meds, meals, housekeeping, laundry, etc.... I don't begrudge her if she wants to spend time with our grandmother or wants to do things for her.  But she is doing these things without consulting me or my mother (who is our grandmothers only surviving daughter), yet she will call our cousin in another state and fill her in on what is going on.  She just can't be bothered to call us or give us ANY (and I do mean a-n-y) information.

Any information you can provide would be most helpful & appreciated.

monique · Accepted Answer

In the U.S., the nursing home should not be allowing a family member to make decisions for a resident when the resident is alert and oriented to person, time, situation and place (unless the resident has told staff he/she would like the family member involved in their care).  However, even if someone has durable power of attorney for healthcare, unless one/two physician's sign that your grandmother is "incapacitated".......meaning she cannot understand her care and no longer able to make decisions, then the DPOA has to be effectuated (meaning the physician's have to write a short medical note in the chart) stating this.

Having worked in long term care, an interested family member can receive some information with the resident's consent, however that family member cannot make medical decisions for the resident.  Some nursing homes are still behind the times.....thinking that because someone is "old" we speak around them, not to them and allow them to make their own choices.  It is all about resident rights and self determination, regardless of age.

Sounds like it would be beneficial to meet with the nursing home staff (Director of Nursing) and your grandmother, where her daughter also can be present....and have a care plan meeting in the nursing home so everyone can be aware of what the grandmother's wishes are....and the discharge plan for her.

Anonymous · Answer

ok, communicate with the Director of Nurses and the health care service. It doesn't damage to communicate with the administrator of the nursing abode both. you would possibly want to make it primary that you're making this selection and characteristic a criminal capacity of criminal specialist on your mom's remedy. ensure there's a replica of the place of work artwork in her medical report. curiously the nurse isn't doing her interest and keeps giving your mom the meds. good success!

? · Answer

Medical POA gives you the right to make decisions regarding medical care if the person in question is deemed incompetent.In oder to be any kind of POA you must have official signed paperwork stating this.Without the correct paperwork you can not claim to be a POA.

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What rights does having medical power of attorney give someone?

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