Can a Power of Attorney Put Someone in a Nursing Home?

Making decisions about long-term care for a loved one can be overwhelming. At The Nursing Home Abuse & Neglect Law Firm, PC, LLO, we recognize how challenging these moments can be. Our mission is to assist families in Nebraska by offering the information and legal guidance needed to protect their loved ones and ensure they receive proper care.

A common topic that arises is whether a power of attorney (POA) can put someone in a nursing home. The short answer is yes, under certain conditions. However, it’s a complex subject, so let’s break it down.

What Is a Power of Attorney?

A power of attorney (POA) is a legal document that allows someone (known as the “agent”) to make decisions on behalf of another person (the “principal”). There are different types of POA, but they all serve the purpose of enabling someone to step in and manage critical matters if the principal cannot do so themselves.

• General POA: Grants broad authority to handle legal and financial matters.
• Durable POA for Healthcare: Specifically empowers an agent to make medical and healthcare decisions, including long-term care choices, if the principal becomes incapacitated.

In the context of nursing home placement, a durable healthcare POA is usually the relevant document.

POA and Nursing Home Placement

A power of attorney can legally admit someone to a nursing home, but there are a few important considerations:

Authority Granted in the POA Document

For an agent to make decisions about long-term care placement, the POA document must explicitly state that this authority is included. If the document doesn’t mention it, the agent may not have the legal right to take such actions.

Mental Competence of the Principal

If the principal is still mentally capable of making their own decisions, they retain the right to decide whether they want to enter a nursing home. Even with a POA in place, an agent cannot override the principal’s wishes in these situations.

Best Interests of the Principal

The agent has a legal duty to act in the principal’s best interests. This includes respecting any preferences the principal has expressed about their care and living arrangements.

It’s essential to have honest conversations about long-term care preferences while everyone is still able to participate in the discussion.

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Financial POA vs. Medical POA

It’s also critical to understand the difference between financial and healthcare powers of attorney:

• Financial POA: Allows the agent to handle money matters, such as paying bills or managing bank accounts. While this could involve paying for a nursing home, a financial POA alone does not grant authority to decide on nursing home placement.
• Medical POA: This gives the agent the power to make healthcare decisions, like admitting someone to a care facility, as long as this authority is clearly stated in the document. 

Both types of POA can ensure comprehensive support for a loved one’s needs.

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What Happens If There’s No POA?

When no POA exists and someone cannot make their own decisions, families may need to pursue guardianship through the courts. This legal process lets a court-appointed guardian make decisions for a person who can no longer manage on their own. While this can be an effective solution, it’s often time-consuming, emotionally taxing, and costly.

Taking the time to set up a POA ahead of time can prevent this situation.

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Nursing Homes and POA Documents

When admitting someone to a nursing home, the facility usually asks for a copy of the POA documents to confirm that the agent has the authority to make placement decisions.

If the documents don’t clearly outline this authority, the nursing home may refuse to accept the admission, creating delays in care.

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Potential for Abuse

While a POA is a vital tool for protecting loved ones, it’s important to acknowledge that it can sometimes be misused. For example, an untrustworthy agent might put someone in a nursing home for their own benefit or convenience instead of actual need.

Here are some warning signs of misuse:

• Abrupt changes in living arrangements.
• Limited communication between the principal and family members.
• Financial transactions that don’t align with the principal’s interests.

If you suspect abuse, take action immediately to safeguard your loved one.

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Protecting Your Loved Ones

Choosing the right POA agent is one of the most important steps in this process. Here are some tips to ensure your loved ones are protected:

• Choose someone trustworthy: This should be someone who genuinely cares about the principal’s well-being.
• Have open conversations: Discuss long-term care preferences with family members, the agent, and, if possible, the principal.
• Consult an attorney: An experienced elder law attorney can help create a POA document that clearly outlines your intentions and prevents misunderstandings.

Proactive planning can make a difference when decisions need to be made.

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Take Action to Protect Your Loved Ones

If you have questions about power of attorney or suspect nursing home abuse or neglect, we’re here to help. Contact The Nursing Home Abuse & Neglect Law Firm, powered by Reed Law Office, PC, LLO, for a free consultation. Let us support you in ensuring your loved ones receive the care and dignity they deserve.

Call us today at 402-933-0588 or visit our website to learn more.