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Only he can assign POA and if he already has executed a legal document assigning someone (you?) it isn't transferable to anyone else. If there is no POA then the hospital will look for an appropriate legal representative to make all the decisions about his care and normally a spouse would be asked to step in before a daughter - is there a compelling reason that his daughter wants you excluded?
I'm sorry about your husband's accident. Cwillie is correct, the answer is no, PoA is not transferable by you to your daughter unless in your husband's original PoA document she was named as an alternate.
Read the DPOA. If there is one. Some actually make a provision that the DPOA can have others handle the duties. It doesn't make them DPOA but, it gives them authority to act as such. The language is very clear if it has this provision. Don't let anyone try to say some obscure language means you can do this.
If you don't want her in charge of his money, his healthcare decisions, then don't step back in any way. If you do, the hospital might start talking to her and leave you out, the one that is present, asking questions tends to be the one that gets viewed as the person of contact.
By law, you are his legal next of kin and in the absence of legal documents naming someone else as the authorized legal representative, you're it.
I am sorry for your situation. I pray that he makes a full recovery.
No, POA cannot be transferred. And I am assuming that you saying "his daughter" means you are not her mother. But...you are his wife, have been assigned by him and as such have every right to be his POA making all the decisions.
Read the Medical POA/Healthcare directive (financial does not come into this). Does it say you and daughter are co-POAs or that she is secondary and can only take over if you are incapacitated, incompetent or have died? If co-poas then you work together. If she is secondary, then you are the main decision maker.
Even if you could turn over POA, I wouldn't do it. Her decisions could effect you too. We have seen it on this forum where a second marriage is involved and the married couple each assign their children as POAs. One of couple gets very sick and child takes them out of the marital home leaving the other spouse to fend for themselves. This means finance wise too.
I suggest you take the Medical POA/Healthcare directive to the hospital and have them make a copy for their files. At this point, you should be the only one the Drs. and Nurses talk to. Which is what they like. If you feel your DH would not mind you sharing information with his daughter, than do it, but if you feel he wouldn't, then don't. It really depends on your relationship with daughter. Just remember, that YOU make the final decision/s concerning your DH and that the hospital needs to respect that. With POA in place and no HIPPA paperwork signed by husband listing daughter as being able to receive information, they should only talk to you.
No. But if you do not wish to continue as his POA you can get a social worker at the hospital or SNF or Rehab to assist you with getting temporary guardianship for the daughter. IF that is YOUR wish. You do not say if you are onboard with this or not. If POA is currently too difficult for you, and you believe the daughter to be both capable and reliable, and to have her Dad's best interests, you can assist her in being Guardian for him. Myself I would rather, IF YOU WISH IT, include her in care decisions to the best of my ability and when we agreed on issues. If we did not agree I would kindly inform her that her Dad made you his POA and you understand his wishes, have discussed things with him when he was well, and will go forward for him to the best of your capability as he trusted you to do.
Ask the daughter why she wants you to relinquish authority (don't tell her that it's not possible) and perhaps you'll find out what her real motivations are.
Since the OP states her husband is incapacitated then making the daughter his PoA is NOT possible. The only thing the wife can do is resign her PoA but then he'd have no legal advocate. A fully capable/conscious husband would need to legally create a new PoA doc naming his daughter. The wife would not need to resign. But he is incapacitated, so NOT possible to make the daughter his PoA at this time.
Not unless your husband himself already appointed her as your deputy, it isn't possible, no. Your power of attorney doesn't authorise you to appoint somebody else in your place.
What does your stepdaughter want to do for him that she can't do without POA? There may be ways round the problem.
No it is not possible. Only hubby can change the POA. Now if there is a successor POA in the document you could resign to that person. But, even if daughter is successor I would not resign. Try to work with her closely, but watch your back.
My dad is incapacitated in the hospital with a stroke. He did not have a POA, but my mom is his wife, so she acts as it. However, we share this responsibility, and despite me not having legal authority, I do make most of the care decisions as she constantly refers back to me to make sure she’s making the best choice. Now the doctors speak to me directly (I live in Canada, so things are different - POA’s don’t even need to be notarized in Canada).
I’m not sure of your family dynamic, but I would strongly recommend the two of you working together as a team. You may want to draw up your own POA to your daughter should something happen to you. I also brought this up with my mother, because should something happen, the banks and financial aspect of a POA would become quite difficult. But, you have to trust each other to do this. The paper needs to be signed and hopefully never needed.
It's not possible unless you somehow cave and allow it; you are the next of kin ahead of dear daughter, as his spouse. Speak with a lawyer to ensure your understanding and rights. Incapacitated dad may equate some kind of 'payoff' to dear daughter, sorry to say so bluntly; get legal advice ASAP. Daughter may worry you're unable to help/advocate for her dad; prove her wrong.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If you don't want her in charge of his money, his healthcare decisions, then don't step back in any way. If you do, the hospital might start talking to her and leave you out, the one that is present, asking questions tends to be the one that gets viewed as the person of contact.
By law, you are his legal next of kin and in the absence of legal documents naming someone else as the authorized legal representative, you're it.
I am sorry for your situation. I pray that he makes a full recovery.
Read the Medical POA/Healthcare directive (financial does not come into this). Does it say you and daughter are co-POAs or that she is secondary and can only take over if you are incapacitated, incompetent or have died? If co-poas then you work together. If she is secondary, then you are the main decision maker.
Even if you could turn over POA, I wouldn't do it. Her decisions could effect you too. We have seen it on this forum where a second marriage is involved and the married couple each assign their children as POAs. One of couple gets very sick and child takes them out of the marital home leaving the other spouse to fend for themselves. This means finance wise too.
I suggest you take the Medical POA/Healthcare directive to the hospital and have them make a copy for their files. At this point, you should be the only one the Drs. and Nurses talk to. Which is what they like. If you feel your DH would not mind you sharing information with his daughter, than do it, but if you feel he wouldn't, then don't. It really depends on your relationship with daughter. Just remember, that YOU make the final decision/s concerning your DH and that the hospital needs to respect that. With POA in place and no HIPPA paperwork signed by husband listing daughter as being able to receive information, they should only talk to you.
Myself I would rather, IF YOU WISH IT, include her in care decisions to the best of my ability and when we agreed on issues. If we did not agree I would kindly inform her that her Dad made you his POA and you understand his wishes, have discussed things with him when he was well, and will go forward for him to the best of your capability as he trusted you to do.
But, why would you not want to be in charge of making decisions for your husband?
What does your stepdaughter want to do for him that she can't do without POA? There may be ways round the problem.
I’m not sure of your family dynamic, but I would strongly recommend the two of you working together as a team. You may want to draw up your own POA to your daughter should something happen to you. I also brought this up with my mother, because should something happen, the banks and financial aspect of a POA would become quite difficult. But, you have to trust each other to do this. The paper needs to be signed and hopefully never needed.