My father in law is out of the hospital and in rehab. My wife is his power of attorney and medical surrogate. The doctors don't want him going home and living alone. She thinks he has to be declared incompetent before she can do anything.
My sister the ex-nurse thinks she could be negligent if she lets him go home
2 Answers from Attorneys
There are a few issues here: first the power of attorney is effective on the day it is fully executed (the principal need not be declared incompetent). However, the health/medical surrogate may or may not require that the principal be declared incompetent (I would have to review the document).
Second - it seems like everyone is agreement that going home would be inappropriate. So, you'll need to find an ALF or skilled nursing facility (depending on level of care needed).
Have you looked into VA or Medicaid benefits that your father-in-law may be able to obtain to help pay for his long-term-care?
There are a few issues here: first the power of attorney is effective on the day it is fully executed (the principal need not be declared incompetent). However, the health/medical surrogate may or may not require that the principal be declared incompetent (I would have to review the document).
Second - it seems like everyone is agreement that going home would be inappropriate. So, you'll need to find an ALF or skilled nursing facility (depending on level of care needed).
Have you looked into VA or Medicaid benefits that your father-in-law may be able to obtain to help pay for his long-term-care?
This video talks a bit about how medicaid planning works:
https://youtu.be/9OeDl3gXR3U
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