Can a Nursing Home Be a Power of Attorney?

By Teo Spengler

You may use a power of attorney to give a trusted individual authority to make decisions for you. With a durable medical power of attorney, you appoint someone to make medical decisions for you after you are no longer competent. In some states, your agent cannot be the owner or an employee of a residential care facility already serving you.

You may use a power of attorney to give a trusted individual authority to make decisions for you. With a durable medical power of attorney, you appoint someone to make medical decisions for you after you are no longer competent. In some states, your agent cannot be the owner or an employee of a residential care facility already serving you.

Medical Power of Attorney

The person you name in a durable medical power of attorney will be able to make critical health care decisions for you if you become incapacitated, including selecting doctors, determining treatment and choosing a nursing home facility. You should select someone in whom you have the utmost confidence and discuss your health care preferences with her.

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State Limitations

States set different limitations on whom you can name as a health care agent in a power of attorney. Some states prevent you from selecting anyone who is currently responsible for meeting your health care needs, which includes your doctors or nurses, as well as owners or employees of a residential care facility where you currently reside. Someone who is currently providing your health or residential care may not be able to make an independent analysis of your best treatment options.

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The Durable Power of Attorney for Health Care in New Hampshire

References

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Medical Power of Attorney Explanation

When you are competent to make your own medical decisions, your health care providers rely on you to help determine what treatments are best for you. But if you become unable to make your own health care decisions, the person you name in a health care power of attorney will work with health care providers in your stead. For example, if you name your sister as the agent to make your medical decisions in case you become incompetent, she will direct your medical care if you later develop dementia that makes you incapable of making your own health care decisions.

Difference Between Living Will & Durable Power of Attorney

At some point, perhaps toward the end of your life, you may need help taking care of your finances, making medical decisions or communicating your wishes to your physicians and family. A living will, power of attorney for health care or power of attorney for finances can direct your health care or give others authority to act on your behalf.

North Carolina State Statutes Regulating Power of Attorney for Health Care

A power of attorney for health care can give you piece of mind that appropriate medical and mental health decisions will be made for you if you're unable to make these decisions yourself. In North Carolina, the person appointed to act in your place can be granted as broad or limited decision-making authority as you desire. The process for executing a POA is governed by state law, which also describes the minimum qualifications necessary for those appointed to serve on your behalf.

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