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Durable and Medical POT for Mother

Porterdale, GA |

Mom is temporarily in nursing facility in and doesn't care which of us gets POT. My siblings decided it be me. I live in another state. My sister is visiting Mom right now. Can she go ahead and get POT and transfer it to me later? Mom is most likely going to come live with me. Need to do it soon because she can no longer handle her affairs. Need medical and durable POT.

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Attorney answers 4


You do not really ask a question, here. As long as your mother has capacity, she can sign the forms, but you should have them prepared by an attorney, so they are done properly. The attorney can also assess her mental capacity and defend the documents if someone gives you a tough time.

James Frederick

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I would think you could avoid problems later by having the documents reference you from the outset. An attorney local to your mother can draw them up, determine competance, and do this in a manner that would hold up in court or for transactions if ever needed.

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I suggest having an attorney prepare a Health Care Power of Attorney naming both you and your sister as her "Health Care Agents." That way either of you will be able to make medical decisions for her in the event she loses the capacity to make decisions for herself. Your mother should also sign a "Living Will' and HIPAA Release.


She can sign one appointing your sister now, but your sister cannot transfer that to you. You would need to have your mother revoke the one to your sister to avoid having to competing forms and then sign one for you. However, as the others have stated, having both of you on the medical poa is a good idea. You could also have her sign one appointing you without you actually being present, but if you are not present to exercise it the poa may not do much good. Also, most poa forms work in multiple states, but since you are going to have her live with you in another state, you may want to have an attorney in the state where you are going to be residing look at the form to make sure there are no peculiarities for that state.

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

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