What Is a Power of Attorney?
A power of attorney (POA) 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.
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What Does Power of Attorney Allow You to Do?
A power of attorney gives an appointed person the legal authority to make certain decisions on behalf of another.
There are two main types of power of attorney:
- Medical POA (also known as health care POA) gives your agent the right to make your health care decisions if you become incapacitated.
- Financial POA allows your agent to manage your financial affairs on your behalf.
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.
Learn more about what a power of attorney can and cannot do below.
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 is 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 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 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 imperative to choose a POA agent very carefully.
Power of Attorney: Nursing Home Admission
When a loved one enters a nursing home — or if there is a chance they will — having power of attorney documents in place is crucial.
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.
Some nursing homes may offer to draft POA documents as a service, but it’s critical to fully understand them before signing anything.
The type of POA you hold determines your authority. A medical POA allows you to make health care decisions, including selecting the appropriate nursing home, while a financial POA lets you manage funds and pay for care.
However, if you are only the financial POA, you may not be able to make health-related decisions once your loved one loses decision-making capacity.
Be aware that, depending on state laws, an agent’s rights could change if a loved one’s decision-making ability changes.
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.
Can a Nursing Home Override a Power Of Attorney?
Generally, a nursing home cannot override the decisions made by an agent with power of attorney.
The purpose of a POA is to give a trusted individual legal authority to act on the principal’s behalf when they can no longer make decisions.
A nursing home may question or challenge a POA’s authority in these situations:
- Concern about abuse or neglect: Nursing homes are required to protect their residents, so if a POA agent is suspected of making decisions that harm the principal, the facility may intervene.
- POA documents are not correctly executed or lack specific authority: Nursing homes may review POA documents to confirm they are valid and authorize the necessary decisions, like managing finances or health care.
- Principal is deemed competent: In cases where the principal still has decision-making capacity, their choices will take precedence over the POA.
In any of these cases, it may be necessary to seek legal guidance to clarify the POA’s authority and ensure the proper care of the nursing home resident.
Power of Attorney and Nursing Home Abuse
Find out if your loved one has already completed power of attorney documents if they are in a nursing home. If so, access them and ensure you understand what the POA permits.
If you have power of attorney for someone suffering from nursing home abuse and neglect, it is important to recognize that you can likely file a nursing home abuse lawsuit on their behalf.
An experienced nursing home abuse attorney can help you understand your legal options.
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, use your power of attorney rights to take immediate legal action. The Nursing Home Abuse Center is here to guide you through the process.
Get started right now with a free case review.
Fight back against nursing home abuse and neglect — start now with a free case review.
Start My Free Case Reviewor call (855) 264-6310Power of Attorney for Dementia Patients
It is vital for people living with Alzheimer’s and other forms of dementia to have 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 the memory, speech, and judgment impairments dementia creates, 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.
How to Choose an Agent to Act as POA
Choosing an agent is a personal decision you should take seriously. Some people decide to have 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
- Dividing your assets after you pass away
- 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 power of attorney in place before it is too late. You do not want to be powerless over your loved one’s affairs. This is especially true 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 the various types of nursing home abuse. Therefore, many need someone with legal rights to act as an advocate.
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. This could include 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.
In September 2024, 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.
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. They can also help if you do not fully understand them.
If you were not granted 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 With POA
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 $280 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.
Can you obtain power of attorney without consent?
To have a valid power of attorney, the principal must have the mental ability to understand what document they are signing and what the document does.
If the principal is already incapacitated, you cannot get a POA without their consent. However, you can seek guardianship (or conservatorship) through a court order.
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 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 authority 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 power of attorney is not personally responsible for nursing home bills. A financial POA agent may use the principal’s funds to pay for care and related expenses. However, they are not required to cover any costs out of their own pocket.
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.
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.
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.
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 for situations where you can no longer make decisions for yourself.
Examples of these situations include unforeseeable accidents or illnesses that lead to incapacitation.
