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Controls under a Power of Attorney

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astramist

Junior Member
What is the name of your state? Pennsylvania

My sister is 20 years older than I am and is now in a nursing home. Some time ago she gave her health power of attorney to a "friend" who lived in her neighborhood and her legal power of attorney to the friend's husband, who rents her apartments and collects the rents for my sister. At the time that these documents were written, my sister's reasons for these choices seemed reasonable to me at the time, but things have changed recently. I went to see my sister in the nursing home (I had been told that she was supposed to be waiting for an assisted living unit) recently and had some concerns about what I saw. Although she can walk, she is kept in a wheelchair. She was perfectly coherent and remembered to ask about all of my friend. After visiting with her I asked to speak to someone about her. (I am her only living relative.) I was mainly interested in requesting that I be placed on the list of people to be notified if she was taken to the hospital or died. I did this because there was a hospitalization when I was not notified by either POA and it took the health POA a month to notify me that my sis was in the nursing home for good. The nursing home did not want to add my name without permission of the POA. I requested that they contact the POA to get this permission as I did not have a good working relationship with either POA. Today I found out that the POA did not grant permission to the nursing home to add my name for notification and requested that if I wanted anything to change I should contact the POA directly. According to the social worker at the home, it is his understanding that the POA has complete control over my sister and all decisions about her. My question: Is it possible that a POA can control whether or not a sister is notified of death? At this point I am afraid that my sister could die and be buried and I'll never know about it.

I am living on a pension and do not have the money to pay an attorney to help with this situation so any suggestions or information would be greatly appreciated.
 


FlyingRon

Senior Member
Is there some reason your sister can't make the decision for her self as to who should be exposed to her personal information?
 

astramist

Junior Member
No there is no reason that my sister can't make those decisions. The problem seems to be the nursing home's belief that they have to clear everything through the POA. The social worker stated to me that if my sister wants me to be notified of illness or death and she tells him that, he will get in touch with the POA and strongly state the case that I should be added as a person to be informed if sister's health changes. It is not clear what the nursing home will do if the POA says she does not want me notified.
 

Dandy Don

Senior Member
If she issues a new POA she needs to revoke the previous one and notify the previous POA about the revocation.
 

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