86 Year Old Granpda/elderly Question

Updated on January 23, 2013
R.R. asks from Shakopee, MN
12 answers

Hi, what rights legally do I have as one of my grandfathers POA medically and financially? My very independant 86 year old grandfather recently had a head injury and brain bleed. This has been a huge health change on grandpa, he is very sick. He can not make decisions that need to be handled and when he was in the hospital 2 doctors signed that he is incapable. I have tried to contact his attorney to ask where I stand but there has been no response. I am so confused.

What can I do next?

  • Add yourAnswer own comment
  • Ask your own question Add Question
  • Join the Mamapedia community Mamapedia
  • as inappropriate
  • this with your friends

Featured Answers


answers from Los Angeles on

I've been down this road and a POA doesn't cover medical decisions. Seek the advice of a different attorney and ask to speak to the hospital social worker where he was treated for information on how to proceed,

2 moms found this helpful

More Answers



answers from Bismarck on

I am a social worker in this field and I would advise you to contact your local Adult Protective Services. They can help you navigate the legal arena when it comes to these things. It sounds to me like it may be time to file for a guardianship but, like someone else mentioned, that would depend on how the POA is written.

You could also contact your local senior center. They generally have social workers on staff that can help you with many different things such as locating necessary services (bathing, med help, etc) as well as helping you find the most appropriate person to help with the POA questions. I know most people automatically refer to their attorney but it really isn't necessary to spend the money until you know for sure what you are dealing with.

Also, your local Legal Aid office should be able to answer simple questions like this and they will usually help all seniors, regardless of income.

I know this can be a very overwhelming time and many difficult decisions will need to be made. Hopefully you can connect with someone that can help you navigate all these things. Feel free to PM me if you have more questions.

5 moms found this helpful


answers from Minneapolis on

Talk to a social worker at the hospital or care facility that is taking care of him if you can't get a hold of his attorney. The POA should give you the rights to talk to his caretakers, his bank, his insurance company, Medicare, etc. Best wishes and I'm sorry about your grandpa's injury. I just lost my mom in October and I'm helping care for my 90-year-old grandma so I know what it's like. I posted an elderly question a couple of days ago and a couple of the responses listed resources for caring for the elderly. If you want to check out my question and the responses I got a couple of those responses might be helpful. Your county (Scott?) should also have some resources available for you.

3 moms found this helpful


answers from Washington DC on


I am truly sorry you are going through this. It's hard to see people we love go through things like this.

Contact the hospital as well as another lawyer. That his attorney didn't call back, is sad!! I would personally go INTO the hospital he is in with the POA so that they can give you the information you need....medications, outlook/prognosis, etc.

Re-read your POA - does it give you the right to make medical decisions for your grandfather? Do you know his wishes? If not, talk to the other people that also have POA and find out what they know of his wishes and carry them out.

As to his financial situation? He really, IN MY OPINION, should only have one other person on that and a back-up should something happen to the main person.

If you are the primary - then go through his finances to know what he has, where he has it and what he will need to use in order to recuperate. If he is not going to make it - find out hospice and how much it will cost.

Take a deep breath. Let it out slowly...Write it down. make a list. check off your list so you know it's done. Keep notes...

again - I'm really sorry you are going through this!! Prayers and healing thoughts your way!

2 moms found this helpful


answers from Hartford on

You need to get your POA paperwork and keep it handy. It should be notarized, witnessed and signed. Since your grandfather's attorney hasn't called back I would contact a new lawyer and have them go over the POA paperwork to make sure that it's all in order.

The POA paperwork should outline very clearly exactly what you're allowed to make decisions on in your grandfather's behalf. If it only states that you can make medical decisions, then you won't be allowed to make financial decisions (or vice verse). In order to make decisions financially AND medically the paperwork has to explicitly state that you have permission to do both. Keep that paperwork with you at all times so that when it's time for you to make a decision you can show it to the doctors and/or their lawyers.

I'm very sorry to hear about your grandfather's condition. I would make sure to contact the advocacy resources suggested below by other posters as well.

2 moms found this helpful


answers from Wichita Falls on

A lot of that will depend on how the POA is written. Is it springing, i.e. does it require that he be declared incompetent to go into effect? Does it include medical? Is it limited, dealing only with certain aspects of his financial life? Talk to the lawyer who wrote the POA and he can tell you your rights, responsibilities, and what has to be done to put it into effect.

2 moms found this helpful


answers from Portland on

Contact your county court. You can have him declared incompetent and the court will appoint you his guardian. I think it just takes 2 doctor's signed statements.

I would talk with someone in the hospital about what you can authorize with the power of attorney. The hospital will have an office that handles that sort of things.

If your power of attorney is detailed enough and includes a medical power of attorney you may not have to have him declared incompetent by the court. I'd probably talk with an attorney if the hospital isn't able to advise you.

2 moms found this helpful


answers from Dallas on

I am so sorry for what you are going through. My ex-step-father is blind and has MS, and my brother and I help care for him. We both have medical and financial POA for him, and we pay all of his bills, buy whatever he needs with his credit cards, and are able to speak to his doctors and make medical decisions. I hope this helps.

1 mom found this helpful


answers from New York on

POA does not cover medical decisions. You need a health care proxy for that and sounds like it is too late for that.

1 mom found this helpful


answers from Dallas on

If you have a medical POA you have the power you need. Ask for the social worker at the hospital. Call the attorney again tell them it's an emergency.

1 mom found this helpful


answers from Los Angeles on

I am so sorry to hear this. God bless you. I hear the love that you have for him through this post.

1 mom found this helpful
For Updates and Special Promotions
Follow Us

Related Questions