Re: NWR: THIS IS GONNA BE A LONG ONE - SOME VENTING SOME QUESTIONS -WHAT TO DO?
Posted: Jun 9, 2008 1:04 PM
Unfortunately power of attorney is not public documents. However, a hospital and definitely a bank or financial institution should ALWAYS refuse to accept such a claim without the document. The document must be an ORIGINAL signed by the grandmother and usually either an attorney or a notary public with a seal. But check the laws in your state. The family may want to contact an attorney quickly b/c the pp is correct. It sounds like there is the possibility of coercion or abuse in the situation. Maybe not, maybe the neighbor is a really good friend--ppl often choose non-family members for power of medical attorney because they will be less stressed when the time comes to makes decisions. Also as a note, there is a different between a medical power of attorney, a financial one and a legal one. If a power of attorney document is presented by the neighbor be sure to read it carefully to see exactly what powers the woman was given.
One more legal note -- unfortunately simply b/c an attorney was disbarred does not mean that any work he did previously will be discredited. But it is a huge flashing light (esp b/c he was disbarred for embezzlement) and the family probably wants to look into the grandmother's documents and make sure everthing seems the way it should.
As to the hospital not giving out information over the phone, that unfortunately, is incredibly common. We just had a similar situation last weekend with my uncle and they didn't even want to tell my Dad the uncle was IN their hospital.
I am sorry it has been such a stressful few days. I hope that your fiance's grandmother recovers.