Legal Question in Disability Law in Virginia
My sister and I had a power of attorney for my mother few years ago. Currently, my mom is in a nursing home with dementia. The previous nursing home burned her badly and we sued them.
The insurance company is paying an amount to my mother. We need to send the POA to Medicare so that they can release a small amount which they are holding for themselves even though she was only treated with an ointment by medicare at the previous nursing home.
Our lawyer is stating that it would be best to send a specific POA which lists medical power of attorney powers. The one that we have does not say it "medically" but it does state that under any other circumstances, my mother has given both of us the powers to act on her behalf.
The problem: since my mother has dementia, even if we were to get her to sign another POA which states medical poa powers, it would not be valid. Or can we get it amended by a lawyer?
Thank you so much for all your help!
Shaleen
1 Answer from Attorneys
No, an attorney would not have the necessary authority (in my opinion) to merely
"amend" the previous POA to include a reference to a medical POA, and, consequently, the matter would likely have to be taken before the local probate court for you to be appointed as your mother's conservator if she is no longer mentally competent to sign a new POA.
Therefore, to avoid the inconvenience and extra work of your having to go through this added formality, it would seem advisable for you to work with the previously executed POA if at all possible to get Medicare to release this small amount of funds, and if they have no problem with it, then why should your lawyer?
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