Q: Per California law, does my sister have to complete an advance directive at the same time she signs a power of attorney?
My sister is in a skilled nursing facility for rehabilitation due to a stroke she had in July 2019. I've been trying to work with the nursing home to have her sign a power of attorney. The administrator of the facility is telling me she has to do both a power of attorney and an advance directive and an ombudsman has to be present. At the moment, we only want to be able to handle the items listed in the Uniform Statutory Form Power of Attorney.
A: An ombudsman is only needed for an advance health care directive, not a statutory power of attorney, if your sister is in a nursing home, and both can be executed at different times.
Nina Whitehurst agrees with this answer
A: You are not required to get both signed. However, an advance healthcare directive is the document that will give someone the authority to handle the medical affairs of another. It could be that the nursing facility is looking for authority from a family member to discuss the details of your sister's care. A uniform statutory power of attorney would not be good enough to discuss the care of your sister with the staff at the skilled nursing facility.
Nina Whitehurst agrees with this answer
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