Suppose a husband who collects disability benefits moves into a nursing home and is approved for Medicaid. Medicaid covers ev...Read more
Lack of Power of Attorney Stops Daughter's Nursing Home Suit
- January 22nd, 2008
A decision by Mississippi's highest court illustrates the importance of having a power of attorney. One of the most important estate planning documents, a power of attorney allows a person you appoint -- your "attorney-in-fact" -- to make financial decisions for you should you be unable to make decisions yourself because of incapacity.
Bernadette Goodlett admitted her mother, Sarah, to a nursing home. During her stay at the nursing home, Mrs. Goodlett developed two decubitus ulcers (bed sores), which required surgery. Bernadette informed the nursing home that she was planning to sue it for negligence and sent the nursing home a medical authorization giving it permission to release Mrs. Goodlett's medical records. Due to complications from a stroke, Mrs. Goodlett was unable to sign her own name to the medical authorization. The nursing home refused to release the medical records, claiming that because Bernadette did not have a power of attorney over her mother, only Mrs. Goodlett could authorize the release of the medical records.
Bernadette sued the nursing home on behalf of her mother for negligence. The nursing home argued the lawsuit should be dismissed because Bernadette did not file a form required by state law. Bernadette argued she did not need to file the form because she had not received her mother's medical records. The trial court found that Bernadette had substantially complied with the law, and allowed the lawsuit to continue.
The Mississippi Supreme Court reversed, holding that because Bernadette did not have power of attorney for her mother, she was not entitled to her mother's medical records. Therefore, Bernadette could not file suit without including the required form.
Had Mrs. Goodlett given Bernadette a power of attorney before Bernadette requested the medical records, the lawsuit would have been able to proceed. It is not difficult to put a power of attorney in place, and it can make things much easier for your family if you are incapacitated.
For more information about a power of attorney, click here.
To find an elder law attorney who can assist you in drafting a power of attorney, click here.
Local Elder Law Attorneys in Ashburn, VA
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
For Jeffrey Hammond, the practice of Elder Law is personal. Jeff’s many years of experience in law and in business did not prepare him for the crisis he faced in 2005 and 2006 when his father suffered a stroke and both of his parents suffered from dementia and other medical problems. At that time, Jeff began an i...
Felinton Elder Law & Estate Planning Centers
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...
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...