Can a nursing home refuse to allow my family to transfer my father to another facility if I have power of attorney?...Read more
A durable power of attorney would still make a lot of sense. Having your name on your father’s bank account is great because it permits you to pay his bills. But it doesn’t permit you to sign legal documents on your father’s behalf or to take other financial steps as necessary. For instance, being named as beneficiary on your father’s life insurance and annuities means that you will receive them upon his death, but it doesn’t permit you to alter any investments or to withdraw funds your father may need from the annuities or the cash value of the life insurance policies. A durable power of attorney should permit you to take those steps if necessary. But we also recommend contacting the annuity and life insurance companies to see if the companies have their own power of attorney forms or another method of giving you some control over the accounts. We hear reports of financial institutions refusing to honor durable powers of attorney despite the law.
For more information about powers of attorney, click here.
Local Elder Law Attorneys in Ashburn, VA
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...
Medicaid Rules, etc