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.