Power of Attorney And Nursing Home Abuse

What Is a Power of Attorney?

A nursing home power of attorney is a legal document that gives someone the right to perform specific duties on your behalf.

The person who creates the POA document is called the principal, and the person being given the right to act on the principal’s behalf is called the agent (or attorney-in-fact).

The authority granted through a POA may be limited to a specific transaction or give someone a full range of decision-making rights related to your health care and finances.

“A power of attorney can be helpful to older people and others who want to choose a trusted person to act on their behalf when they cannot.”

– Consumer Financial Protection Bureau

Additionally, a POA can be temporary or permanent (usually called a durable power of attorney). A POA can go into effect immediately or at a later date if you become unable to act on your behalf because of an injury or disability.

Every state recognizes power of attorney documents, but each state has different laws. Generally, the laws in the state where you live when you sign POA documents will dictate the rights of your agent.

If you have power of attorney for someone being mistreated in a nursing home, you may be able to take legal action on their behalf.

Get a free case review right now to find out if we can help.

Different Types of Power of Attorney in Nursing Home Situations

Medical (health care) power of attorney generally allows an agent to make decisions related to treatment, medications, discharge planning, and access to medical records. This authority is often central when facilities fail to provide proper medical care or attempt to exclude family members from decision-making.
Financial power of attorney allows an agent to manage the resident’s finances, including paying nursing home bills with the resident’s funds, managing accounts, and applying for benefits such as Medicaid or veterans’ benefits. Financial POA does not mean the agent is personally responsible for nursing home costs.
Durable power of attorney remains valid if the resident becomes incapacitated. Without a durable POA, families may find themselves blocked from acting when their loved one is most vulnerable.

What Does Power of Attorney Allow You to Do?

A power of attorney gives an appointed person (agent) the legal authority to make certain decisions on behalf of another (principal).

Understanding what a POA allows you to do — and what it doesn’t — can help ensure that your loved one’s needs are met. This includes moving them into a nursing home if necessary.

What a Power of Attorney Can Do

While the rules differ by state, your agent will have certain rights to act on your behalf based on how you structure the POA.

For that reason, it’s crucial to consider what powers you want your agent to have if you become unable to make your own decisions.

This is especially true for older adults, who may need to move into an assisted living facility, nursing home, or another type of care facility and can easily become victims of elder abuse.

A power of attorney for health care can take these actions:

Decide what health care providers the principal sees
Determine whether the principal should live in a nursing home
Make decisions related to medical care

A financial power of attorney can do the following:

Access the principal’s bank accounts and assets
Apply for benefits like insurance for nursing home care
Collect debts for the principal
Seek U.S. Department of Veterans Affairs (VA) benefits

The agent may also be able to file a lawsuit for nursing home abuse or neglect if an incapacitated principal is the victim of elder abuse in a facility.

What a Power of Attorney Cannot Do

A power of attorney has limits and cannot act beyond what the legal document allows or go against the principal’s best interests. Again, remember that the rules for nursing home power of attorney differ from state to state.

A person with power of attorney generally cannot:

Break their duty to act in the principal’s best interest
Change the principal’s will
Make decisions for the principal after they die (unless they are also the executor or administrator of the principal’s estate)
Transfer power of attorney to someone else (they can decline their duties, but cannot decide who will take over for them)

Because of the far-reaching impacts of the decision-making authority you give to another person, it is important to choose a POA agent very carefully.

Power of Attorney: Nursing Home Admission

A medical or durable POA can allow an agent to make nursing home admission decisions for a loved one who lacks decision-making capacity. This is as long as the authority is clearly granted in the document and the agent acts in the resident’s best interests. Nursing homes typically require a copy of the POA before accepting the agent’s authority.

Did You Know

Some nursing homes may offer to draft POA documents as a service, but it’s critical to fully understand them before signing anything.

Issues often arise during admission paperwork, especially when contracts include personal guarantee or arbitration language. These provisions can become crucial later if a resident is harmed or neglected.

3 key points to understand when a POA is used for nursing home admission include:

A medical or durable POA generally controls placement and care decisions.
A financial POA allows payment for care but does not authorize medical admission.
Agents should sign only in a representative capacity, not personally.

If no POA exists, state law will generally determine who is given the legal right to make decisions. This is why it’s important to secure a POA early and understand its relationship to care and potential abuse or nursing home neglect.

If you have questions about your right to take action for your loved one who is being mistreated in a nursing home, our team may be able to help.

Was your loved one abused or neglected in a nursing home? Call (855) 264-6310 or Click to Live Chat with our team now.

Can a Nursing Home Override a Power Of Attorney?

In limited situations, yes. A facility can challenge or effectively override a nursing home power of attorney if the agent is not acting in the resident’s best interests, lacks authority for a specific decision, or if the resident is still mentally competent to make their own choices. The law prioritizes the resident’s safety and well-being over the agent’s authority.

A nursing home may challenge a POA under these circumstances:

Resident competency: If the resident is deemed mentally capable, they can make their own decisions or revoke the POA.
Lack of authority: If the POA document does not clearly grant power over a specific medical or financial decision, the facility may refuse to follow it.
Allegations against the agent: If staff claim the agent is misusing funds or making harmful care decisions, the facility or a third party may seek court intervention.
Suspected abuse or neglect: Courts may appoint a guardian or conservator if they believe the resident is at risk, even when a POA is in place.

That said, disputes over POA authority often arise after something has already gone wrong. When a nursing home questions or ignores a valid POA following injuries, unexplained declines, or care concerns, the issue may signal deeper problems — including neglect, abuse, or efforts to avoid accountability.

When a nursing home blocks access, disregards valid POA decisions, or challenges authority after harm has occurred, legal help may be necessary to protect the resident and enforce their rights.

Power of Attorney and Nursing Home Abuse

If your loved one is in a nursing home, find out if they have already completed power of attorney documents. If so, review them and ensure you understand what the POA permits.

At a minimum, you have an obligation to the person who made you their agent to take action to keep them safe. If they are in immediate danger, call 911 without delay.

You may also wish to contact your state’s nursing home ombudsman for help with any issues or suspicions about elder neglect warning signs, like bedsores or malnutrition.

If you suspect nursing home mistreatment, you can also use your power of attorney rights to take immediate legal action on their behalf. It is important to recognize that you can likely file a nursing home abuse lawsuit for them.

“A nursing home lawsuit can be filed by the resident, a legal guardian, or a family member with power of attorney.”

– Nursing Home Abuse Lawyer Ricky LeBlanc

An experienced nursing home abuse attorney can help you understand your legal options. You may be able to access the money you need to get them to safety.

Download our free checklist to know exactly what questions to ask when choosing a lawyer.

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Power of Attorney for Dementia Patients

It’s essential for people living with Alzheimer’s and other forms of dementia to have nursing home power of attorney documents.

As these conditions progress, patients lose the ability to make their own decisions. Therefore, having a trusted loved one with the proper legal documents ensures someone can advocate on their behalf.

Power of attorney documents for dementia patients are essential because they:

Allow timely medical decisions to be made
Ensure the principal’s wishes are carried out
Give access to income and assets needed for care
Help protect the principal from mistreatment

Tragically, up to 60% of older adults with cognitive impairment – like Alzheimer’s or another form of dementia – experience elder abuse, according to the National Center on Elder Abuse.

Older adults and people with cognitive impairment are especially at risk because they depend on others for daily care. Often, the people they depend on are not adequately trained to provide the care they need.

This powerlessness leaves them vulnerable to nursing home neglect, physical abuse, emotional abuse, and even sexual abuse.

Additionally, because of memory, speech, and judgment impairments, it is harder for residents with dementia to identify and report abuse.

If you have POA for a loved one with dementia in a nursing home, you must look for warning signs of abuse to ensure they stay safe. If you have concerns, speak up.

Worried About Nursing Home Abuse or Neglect?

When you're ready to act, here’s what to expect:

1. Spot Red Flags Before It’s Too Late
Look for bedsores, confusion, weight loss, fear, or silence.
2. Reach Out to Our Team, Day or Night
Speak with a trained advocate who listens and understands.
3. Our Legal Partners File Your Lawsuit
We handle the paperwork and figure out who’s responsible.
4. You Get Help — and Money If We Win
Receive financial compensation and get justice.

How to Choose an Agent to Act as POA

Choosing an agent is a personal decision you should take seriously. Some people choose a different agent for their medical POA and financial POA, while others choose the same person.

When selecting an agent, determine the types of things you’ll want them to do for you.

Duties of your agent could include:

Deciding when you should move into a nursing home
Determining what kind of medical treatment you receive, including life-saving care
Handling financial matters, like accessing your money and making financial decisions
Making gifts from your estate

The bottom line is that no one can decide for you. You should choose your agent(s) very carefully. Having a long conversation with them is the best place to begin.

You may also wish to consult with an attorney to ensure you understand your state’s laws.

Qualities to Consider in Choosing an Agent to Act as POA

Your agent cannot be a minor, and they cannot be incapacitated, but beyond that, you should use your best judgment when choosing your agent.

When granting someone power of attorney, ask yourself these questions:

Are they compassionate?
Can you trust them?
Do their values align with yours?
Do they act with integrity?
Do you feel they make sound decisions?
How well do you know them?
Would you consider them to be responsible?

Choosing a family member is common, like a spouse or child. It is also wise to name one or more successors in case anything happens to your agent.

What If There Is No POA for My Loved One?

If your loved one cannot make their own decisions and has no power of attorney, you may need to go to court to have someone appointed.

A court may appoint these decision-makers, depending on the situation and state:

Committees
Conservators
Guardians

This is why you and your loved one need to put a nursing home power of attorney in place before it is too late. You do not want to be powerless over your loved one’s affairs, especially if they will need caregivers, serious medical treatment, or long-term care in a nursing facility.

Tragically, vulnerable older adults in nursing homes often become victims of various types of nursing home abuse and need someone with legal rights to act as an advocate.

If you believe your loved one has been harmed, get a free case review to learn whether legal action can be taken on their behalf. Our team can help you understand your options and next steps.

Power of Attorney Abuse

Unfortunately, it is common for an agent acting as POA to abuse their powers. In these cases, they may be committing crimes.

Power of attorney abuses include:

Embezzlement
Financial exploitation or financial abuse
Forgery
Fraud, such as credit card fraud, tax fraud, or welfare fraud
Larceny
Money laundering
Theft
Unlawful gifting

In these instances, concerned friends and family should report the suspected power of attorney abuse to law enforcement.

Who Commits Power of Attorney Abuse?

Sadly, anyone acting as an agent can commit power of attorney abuse, whether they are a trusted family member, legal professional, or another individual granted authority.

People who might commit power of attorney abuse include:

Family members
Lawyers
Strangers

This type of abuse often goes unnoticed, especially when the principal is vulnerable or unable to advocate for themselves.

Did You Know

In one case, a South Carolina woman was arrested for allegedly using her role as power of attorney for a nursing home resident to steal over $100,000 from the victim’s bank accounts.

The important thing to remember is that the power of attorney documents specifically lay out what the agent can and cannot do.

By locating and reviewing these legal documents, it may be possible to stop power of attorney abuse if the agent acts outside their authority.

Power of Attorney and Nursing Home Abuse Lawsuits

If you have power of attorney for someone being abused or neglected in a care facility, you may have the legal right to file a nursing home lawsuit on their behalf.

Your ability to file a legal claim will depend on how your POA legal documents are written. If you are unsure, you should locate the documents and review what types of decisions the principal authorized you to make for them.

A skilled nursing home neglect lawyer can help you if you do not know where to find the documents or if you do not fully understand them.

If you were not granted nursing home power of attorney or if it has expired, you may still be able to help. You may be able to get a court order naming you as guardian or conservator for the abused nursing home resident.

Get Help Filing A Nursing Home Abuse Lawsuit

When a nursing home betrays your trust, the consequences can be devastating. If you suspect abuse or neglect, your power of attorney rights may allow you to take legal action.

Filing a nursing home lawsuit can hold the facility accountable and help cover medical costs and other related expenses.

The Nursing Home Abuse Center has experienced legal partners who can help families in all 50 states. Together, they have secured over $318 million for nursing home neglect and abuse.

Call us right now at (855) 264-6310 or fill out this form for a free legal case review.

Power of Attorney and Nursing Home Abuse FAQs

Does my loved one need a power of attorney?

It’s a good idea for many people to have a power of attorney. Unexpected accidents and illnesses can leave a person unable to make their own decisions.

If your loved one is older – especially if they have a condition like Alzheimer’s or another form of dementia – they should have the proper power of attorney documents in place.

Who has the right to put someone in a nursing home?

If an adult can make their own decisions, only they can agree to move into a nursing home.

If they cannot make decisions, someone else must have legal authority. This may be a health care power of attorney, a court-appointed guardian, or another decision-maker named by state law. In most cases, a doctor must also order the admission.

If you are the POA or guardian and your loved one is harmed after admission, you may also be able to report abuse and pursue a nursing home abuse lawsuit on their behalf.

Can you put someone in a nursing home without consent?

Generally, no. An adult who still has decision-making capacity cannot be placed in a nursing home without their consent.

If they cannot make their own decisions, a court-appointed guardian or someone with a valid health care power of attorney may authorize placement, and a physician typically has to order the admission.

This is the legal framework for putting a parent in a nursing home against their will, which can only happen after incapacity is documented and the proper authority is granted.

If the move is due to safety concerns or a decline in health, the decision-maker may also need to step in if the facility provides poor care, ignores medical needs, or allows neglect or abuse to occur.

Can a family member override a power of attorney?

No, a family member cannot override a power of attorney unless they have legal grounds and take action through a court.

If the POA agent is suspected of acting against the principal’s best interests, a family member may seek to challenge or revoke the POA through legal proceedings.

What three decisions cannot be made by a legal power of attorney?

A power of attorney has defined limits, and there are some decisions that they are not authorized to make.

A power of attorney cannot:

Change the principal’s will
Act after the principal’s death (unless they are also named executor)
Transfer their power of attorney to another person

These limitations ensure that the agent acts within the principal’s original intentions and legal boundaries.

Is power of attorney responsible for nursing home bills?

No. A POA is generally not personally responsible for paying nursing home bills out of their own money. The agent’s role is to use the resident’s income and assets to pay for care, and federal law prohibits nursing homes from requiring POAs or family members to personally guarantee payment.

That said, POA agents should review admission contracts carefully. Some nursing homes use “responsible party” language that can blur roles or create confusion about personal liability.

Do I need to be named in power of attorney documents to file a nursing home abuse lawsuit?

If you are not the agent for a person being abused or neglected in a nursing home, you will most likely need to get a court order that names you as guardian or conservator to sue a nursing home for neglect or abuse.

The Nursing Home Abuse Center partners with experienced lawyers nationwide who can help.

Call us at (855) 264-6310 or Click to Live Chat right now to see if we can connect you.

What is outright abuse of people living in nursing homes?

Outright abuse in nursing homes involves intentional actions that harm or exploit residents.

Nursing home abuse can take many forms, including:

Emotional or verbal abuse, like yelling or threatening
Financial exploitation, such as stealing money or valuables
Physical abuse, like hitting or restraining
Sexual abuse, which can involve any non-consensual sexual contact

Recognizing and reporting abuse is crucial, and holding POA allows you to take action to protect a loved one’s safety and well-being. See if you can file a nursing home lawsuit with a free case review.

What are some things nursing homes are not allowed to do?

Nursing homes are prohibited from actions that harm or violate the rights of their residents.

Specifically, nursing homes cannot:

Deny proper medical care, food, water, or hygiene
Force residents to sign contracts waiving their legal rights
Isolate residents from family and friends
Take or misuse a resident’s money or assets
Use physical or chemical restraints without a medical reason

Knowing these rights helps ensure residents receive proper care and respect in a nursing home. If you hold POA for a loved one, you have the ability to take action to protect them.

Learn more about legal options for mistreatment in nursing homes by calling (855) 264-6310 or Click to Live Chat for immediate assistance.

How do I handle putting a parent in a nursing home?

Placing a parent in a nursing home can be a heartbreaking decision that requires careful planning and communication.

Steps to help manage this process include:

Research nursing homes to find the right fit for care needs
Consult with health care professionals for guidance on the best level of care
Discuss the transition with your parent openly and honestly
Visit potential facilities together to help them feel involved in the decision
Seek support from family members, professionals, or counselors to navigate the emotional aspects

Approaching the situation with empathy and clear information can make the process smoother for everyone involved.

How do you tell someone they need to live in a nursing home?

Discussing the need for nursing home care requires sensitivity and honesty.

To handle this conversation effectively:

Choose a quiet, comfortable setting where they can express their feelings
Use “I” statements to share your concerns gently, like “I worry about your safety at home”
Highlight the benefits of nursing home care, like round-the-clock support and social activities
Involve them in the decision-making process as much as possible
Be patient and give them time to adjust to the idea

Framing the conversation as a positive step for their well-being can help ease the transition.

When is a power of attorney needed?

There are many reasons for needing a power of attorney. A power of attorney is essential when you can no longer make decisions for yourself.

Examples of these situations include unforeseen accidents or illnesses that result in incapacitation.

Can a Power of Attorney Put Someone in a Nursing Home?