• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Does Medical power of attorney give 1st listed power over finances?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Lailee185

Junior Member
What is the name of your state (only U.S. law)? Kansas

My father had a heart attack and needed triple bypass. My sister lives in Arkansas and I live 3 hours from him. I wasn't able to be there but she was. He had left a medical power of attorney listing her first and I second. Before he went in to surgery he gave her his bank card and told her to use it to get whatever she needed for her and her children while she was staying in town. Neither one of us has the resources for the expenses to travel and pay for hotel while staying in town so she did use it for that. She some how managed to get the bank to add her a a signer to his account to pay bills by using this medical power of attorney. Do I have the same right to be added as a signer to his account as well? She seems to think that this medical POA entitles only her to make decisions while our dad is in the hospital and that I have no say. In his will we things are to be split 50/50 does that play any role in this? Does a medical power of attorney give her the right to control his finances as well?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Kansas

My father had a heart attack and needed triple bypass. My sister lives in Arkansas and I live 3 hours from him. I wasn't able to be there but she was. He had left a medical power of attorney listing her first and I second. Before he went in to surgery he gave her his bank card and told her to use it to get whatever she needed for her and her children while she was staying in town. Neither one of us has the resources for the expenses to travel and pay for hotel while staying in town so she did use it for that. She some how managed to get the bank to add her a a signer to his account to pay bills by using this medical power of attorney. Do I have the same right to be added as a signer to his account as well? She seems to think that this medical POA entitles only her to make decisions while our dad is in the hospital and that I have no say. In his will we things are to be split 50/50 does that play any role in this? Does a medical power of attorney give her the right to control his finances as well?
No. A medical power of attorney does NOT give carte blanche to handle anything else. A medical power of attorney is limited only to medical needs. HOWEVER, a general power of attorney would give her the ability to handle finances as well.
 

Lailee185

Junior Member
No. A medical power of attorney does NOT give carte blanche to handle anything else. A medical power of attorney is limited only to medical needs. HOWEVER, a general power of attorney would give her the ability to handle finances as well.
A medical POA is the only thing he left for us. Legally what rights do I have to ensure that I have a say in what happens while he is unable to care for himself. It is possible that he is suffering from dementia. If we have nO durable general POA then who has the authority here?
 

tranquility

Senior Member
Legally what rights do I have to ensure that I have a say in what happens while he is unable to care for himself.
You have no "rights" in the matter. If you feel dad is unable to care for himself mentally, you would have standing to file for conservatorship of him based on your relationship. The courts would determine if you should control his finances or not.

If we have nO durable general POA then who has the authority here?
Until adjudged to be incompetent by a court, dad. He can appoint anyone as his agent.
 

ecmst12

Senior Member
If he has no spouse, then the children have equal rights unless someone goes to court to be named as guardian.
 

tranquility

Senior Member
The "children have equal rights"? What do you mean? What can one of the children do with the finances that I couldn't? (Other than sue to conserve.)
 

ecmst12

Senior Member
I was more thinking about for medical decisions, having a POA naming both of them is pretty much the same as not having one at all, they can still fight about what to do. For financial matters someone would have to be appointed as the guardian.

If you think that she is mishandling funds, you can definitely report that to elder protective services in his area. If all that she is doing with his money is using it to pay his bills and for her expenses that he expressly gave her permission to use it for, then she is probably ok, though it wasn't proper for her to use a MEDICAL POA to get added on to his account.
 

Lailee185

Junior Member
If we are able to have him sign a general POA and he is declared unable to care for himself of incompitant in the next few weeks would the POA be valid because it was sign after he was not of sound mind?
 

ecmst12

Senior Member
If there is a question of whether he is competent to sign such things right now, I would definitely not move forward without involving a doctor and a lawyer.
 

Lailee185

Junior Member
After his triple bypass he sufferd several strokes. We think that the strokes triggered early dementia. Everyday is differwnt and although he is improving he still exhibits signs of it. He is only 65 but his mother had it and it eventually let to her passing. Nothing has been declared by the doctors. He was just moved into rehab yesterday. As far as i know when he completes that he will have to pass a test to see if he is fit to live on his own. Thats really all we know. But we kind of wanted to get a general poa as soon as possible with me first before my sister can do any other damage to his finances.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top