Port Saint Joe, FL asked in Estate Planning and Family Law for Florida

Q: Can my sister refuse to make payment to memory care for my mom? We share financial DPOA but I have medical authority.

My mother is currently in a very bad nursing home that is costing my mom (92 with dementia) $10,850/month as she does not qualify for Medicaid. The place I want to move her is half as much and specializes in memory care. The only reason she wants to keep her where she is is because it is in the small town we live in and the other is about an hour drive. She is also trying to say that I have to move to where the memory care is from my mothers home that I have been living at and taking care of. She only has financial POA whereas I have both financial and medical. She is also saying she will not sign a check or authorize payment to new facility if I move her without her approval. Does she have this right?

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1 Lawyer Answer
James Clifton
James Clifton
  • Estate Planning Lawyer
  • Fayetteville, GA
  • Licensed in Florida

A: The answer probably lies within the terms of the financial power of attorney (POA) itself. If there are two appointed agents under the POA, the POA should state whether financial decisions require the unanimous decision of all appointed agents or whether each of them can act in their own capacity. If there is a disagreement between two agents, it would likely have to be resolved by a court. The use of the medical authority also often depends on the physical state of your mother. Many times they are only operative if the grantor of the authority is in a persistent vegetative state or completely incapable of making decisions on their own. Schedule a free consultation to make sure you are complying with the terms of the medical directive and POA.

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