Legal Question in Elder Law in Alabama

Power of Attorney

My father had a stroke in October, 2004. He is now being taken care of by hospice, at home, with my mother. He is unable to communicate in a way that we can most often not understand. Bills have been coming in for his care in the various hospitals that he has been a patient in over the past couple months, and my mother feels that insurance and/or medicare can cover most or all of these costs. Her queries to these companies have gotten her nowehere because she is not the person on the account and they will not give her information. My question is this: how can we go about getting a power of attorney for my mother,after the fact, so that she may gain access to areas that she needs to for my fathers sake, and also, how may I get power of attorney over both of them should something happen to my mother before my father passes on. There are trust funds and savings accounts, that my parents have set up in my childrens' names, that I want to make sure are secure.


Asked on 3/17/05, 9:19 pm

1 Answer from Attorneys
Ronald Holtsford Ronald A. Holtsford, LLC

Re: Power of Attorney

A durable power of attorney is certainly the right tool for this situation if at all possible. I am not sure if your father is simply unable to communicate well or whether he is not competent. If he is competent and can sign a durable power of attorney (DPOA) then that can take care of the situation. The barrier is due to the HIPAA (Health Insurance Portability and Accountability Act) laws, so it is important that the DPOA include appropriate HIPAA language. If he is unable to execute a DPOA then you should seek an attorney so that your mother can gain guardianship/ conservatorship over your father. I hope this helps.

Read more
Answered on 3/17/05, 10:40 pm


Related Questions & Answers

More Elder Law questions and answers in Alabama