Posted by Sandra Olson on 3/22/09 10:12pm
Msg #281721

Medical power of attorney

A friend married two months ago and her husband had a stroke and is unable to talk and has limited movement. He did not get his wife on the checking account and she is faced with having to pay bills. Question will she need a medical power of attorney or just a power of attorney to get her name on the checking account. Does someone know where I can find the right forms for OK. TIA

Reply by Maureen_nh on 3/22/09 10:24pm
Msg #281723

She needs power of attorney unless he can sign the checks himself-he may be able to even if his handwritning is not up to par. It depends on the severity of the stroke and the prognosis.
If things do not look good for a recovery she may want to consider guardianship.
Medical POA is not indicated in this situation, it is something entirely different and for a different purpose.

Reply by Sandra Olson on 3/22/09 11:29pm
Msg #281727

I know you are right about that as I had to have guardianship of my husband. So the question now is does it have to be specific for OK or will any power of attorney do?

Reply by LKT/CA on 3/22/09 11:51pm
Msg #281729

I suggest you let your friend contact her bank and see what THEY want. I had a similar situation a week ago, though "Edna" (not her real name) was a stranger to me. "Mabel" (not her real name), Edna's mother, had a stroke, was in the hospital and Edna needed to take care of the finances for her mom. Before the appointment, Edna said B of A - Mabel's branch - told her only THEIR POA was any good. Then they told her she could use a general one from another source. Edna asked them about using legal zoom and they were approving of that. Mabel's hand shook so badly, we had to do a signature by mark. Edna was such a sweet lady and we really "clicked" so I called her the next day to see how things went with the bank (I was curious ). Edna told me that B of A's legal department accepted the POA signed by mark but also wanted the doctors report and a list of medications that caused the limbs to shake so uncontrollably. Mabel's mind was sharp she just had problems with her hands/arms shaking.

Not saying your friend's situation will be the same with her bank but it's just best to let her find out exactly what THEY require so that neither one of your time will be wasted.

Reply by Sandra Olson on 3/23/09 12:59am
Msg #281730

Thank you for you help I'll let her know.

Reply by sue_pa on 3/23/09 6:57am
Msg #281736

Since you're asking the most basic of basic questions and apparently your friend also doesn't know, why don't you send her to a lawyer who will ask MORE questions. The lawyer will not just give what is needed for this instance but will attempt to help for down the road (where that is leading) also.

Reply by Sandra Olson on 3/23/09 7:57am
Msg #281741

Well here's my point on that since I have been there three times with my husband, mother and a dear friend of 91 I know that road is expensive and I'm not sure this has gone that far. Right now she just needs a quick fix to get bills paid.

Reply by MW/VA on 3/23/09 8:06am
Msg #281743

A Medical POA is exclusively for making medical/life decisions for the other person. Some states require a Durable POA. You don't necessarily need an attorney to prepare the forms, but you certainly need to know how to get the appropriate ones. I do notary work at a local nursing/rehab facility. IME they usually use a General Durable POA, which covers medical, financial, etc. I'm not an attorney & can't give legal advice. Sometimes there is someone at the hospital or nursing facility that can point you in the right direction. I've heard that the banks are very cautious about POA's, and someone has already suggested to find out what the particular bank will require. Good luck. These are difficult situations that often come up suddenly.

Reply by jba/fl on 3/23/09 8:33am
Msg #281744

Sandra - sometimes we spend a little to save a lot. Sue's point of getting atty is valid - there could be more problems down the road that you nor I can forsee, but a competent attorney or Legal Aid, for ex., have seen these situations, understand the ramifications and will steer you properly.

There are no quick fixes sometimes. Then again, there are scams and plenty to beware of.

Reply by MistarellaFL on 3/23/09 8:52am
Msg #281747

The patient is going to have to sign something

Either a POA or he can give permission to add her on to checking....why not just have him sign her on to checking?
If he can't sign anything, I believe a judge would have to order the POA.

Reply by sue_pa on 3/23/09 9:50am
Msg #281751

Certainly everyone has different ways of viewing things. A "quick fix" often times is much more costly than seeking "real" advice, rather than notaries on a message board ... especially as I said since neither of you are even asking the correct question.

Reply by Linda_H/FL on 3/23/09 10:03am
Msg #281759

"her husband had a stroke and is unable to talk and has limited movement"

Is he able to even communicate? What is his prognosis for recovery? Depending on the answers to these questions she may have no alternative but to seek an emergency conservatorship/guardianship (which go quickly I might add), especially if medical decisions and finances are involved - and depending on the state procedures.

My personal opinion is she's making a huge mistake going as cheap as possible in this situation...she may end up spending a fortune in the future correcting the cheap mistakes made today....MHO

Reply by Carole Breckbill on 3/23/09 2:18pm
Msg #281811

I couldn't agree more! An attorney now will pay for itself over the long haul. The POA is the least of her worries! Blessings . . .