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What powers are needed to put an elderly person in an assisted living facility on that elderly person's fund?

Sacramento, CA |

I am wondering if just a durable financial POA would suffice, or if a durable healthcare POA is also necessary to commit an elderly into an assisted living facility.

Also, can a family member of that elderly person have right to review the documents from the assisted living facility to inform what rights the elderly person may have inadvertently signed over?

Attorney Answers 2

  1. It is usually best to have both POA's. As long as you have a financial POA you should be able to review all admission documents signed by your family member or included with the admission material. Beware, most facilities have mandatory arbitration clauses in their admission contracts.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

  2. what do you mean by power to commit someone to an assisted living facility? Only the elder can make that choice. Are we talking about the same thing? assisted living facility vs. board and care vs. skilled nursing facitlity?

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