Power of Attorney

Many family members believe that having Power of Attorney (POA) is an overall right to make decisions for the resident in long-term care facility. 

A POA legally authorizes someone else to act on a person’s behalf, but it does not give absolute power over them. POA is limited to medical or financial decisions or both depending on how the document is worded. It can be revoked at the will of the maker or his/her death. A POA is to make decisions “in the best interest of the maker” and according to the maker’s wishes. 

A Durable Power of Attorney (DPOA) continues until a stated expiration date, upon revocation, or death. It does not end upon loss of the resident’s capacity to understand. A “springing” DPOA may not go into effect until loss of capacity is determined by a physician.

On both of these documents, two witnesses and a notary are necessary when handwritten, but only a notary is needed when an Oklahoma statutory form is used.

 A person must be determined, by a judge in a court of law, to lack capacity before guardianship is granted.  Guardianship can be General (person and/or property), Limited (over certain aspects of property and/or person), or Special (emergency purpose, generally not to exceed 30 days).

All three of these responsibilities do not allow for consent to withhold or withdraw life-sustaining procedures. Also, it is always with the resident’s rights and wishes that decisions should be made. Copies of these documents must be on file at the facility.

For more information, please call Ruben Sotelo, Ombudsman Supervisor at ASCOG Area Agency on Aging, Direct: 580-736-7975 or 1-800-658-1466.