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Need OT Advice regarding Power of Attorney and insurance Life changing event
Posted on 3/4/20 at 1:18 am
Posted on 3/4/20 at 1:18 am
Hello great minds of the OT. I come seeking your knowledge.
Back story, my mother needs a surgical procedure to remove her parathyroid. It’s causing her severe anxiety, depression, mood swings, fog of mind, etc. she was supposed to have the surgery a few weeks ago and canceled morning of. It was rescheduled for this past Monday, her sister took her to the hospital, checked in, had a panic attack and walked out of the hospital. She needs this surgery, as the symptoms has caused her to become pretty mentally unstable. She has quit her job to start a new job, but she is not in any shape to start working and her insurance from previous employer is going to drop her on the 15th. Even if she was able to start the new job, the health benefits wouldn’t kick in for 90 days.
My question is, given the circumstances and her mental state, would I be able to become power of attorney over her and file a life change event to my health insurance to add her? Anyone have any previous experience with this? Any info or help is greatly appreciated
Back story, my mother needs a surgical procedure to remove her parathyroid. It’s causing her severe anxiety, depression, mood swings, fog of mind, etc. she was supposed to have the surgery a few weeks ago and canceled morning of. It was rescheduled for this past Monday, her sister took her to the hospital, checked in, had a panic attack and walked out of the hospital. She needs this surgery, as the symptoms has caused her to become pretty mentally unstable. She has quit her job to start a new job, but she is not in any shape to start working and her insurance from previous employer is going to drop her on the 15th. Even if she was able to start the new job, the health benefits wouldn’t kick in for 90 days.
My question is, given the circumstances and her mental state, would I be able to become power of attorney over her and file a life change event to my health insurance to add her? Anyone have any previous experience with this? Any info or help is greatly appreciated
7
Posted on 3/4/20 at 1:22 am to 7thWardTo314
COBRA? ACA?
Are you willing to go to court and become her guardian?
Are you willing to go to court and become her guardian?
This post was edited on 3/4/20 at 1:24 am
Posted on 3/4/20 at 1:36 am to cable
quote:
Need OT Advice regarding Power of Attorney and insurance Life changing event
COBRA? ACA?
Are you willing to go to court and become her guardian
Yes I’m willing to go to court.
I don’t know anything about cobra. Honestly I don’t know shite about insurance
Posted on 3/4/20 at 1:42 am to 7thWardTo314
Durable POA probably covers the most issues, from my limited experience (not sure about insurance...look further into that.) I generated a document and all parties signed with witnesses and notarized. Might differ by state.
In your situation, consult and pay an attorney to draw up the document, explain the situation to the attorney and all family members. Get your mom on board, and have her sign the document when she is of clear mind.
You might think this is an OT comment, but thoroughly explain the necessity of going through the process for her benefit, and ask your mom to not make any jokes while signing the POA. My mom, who was all for the POA due to her recent health issues, cracked a light-hearted joke about how l was forcing her to sign everything she owned over to me and my brother. Her humor was not appreciated in the attorney's office.
In your situation, consult and pay an attorney to draw up the document, explain the situation to the attorney and all family members. Get your mom on board, and have her sign the document when she is of clear mind.
You might think this is an OT comment, but thoroughly explain the necessity of going through the process for her benefit, and ask your mom to not make any jokes while signing the POA. My mom, who was all for the POA due to her recent health issues, cracked a light-hearted joke about how l was forcing her to sign everything she owned over to me and my brother. Her humor was not appreciated in the attorney's office.
Posted on 3/4/20 at 2:13 am to Bill Parker?
WTF good does a durable POA do when mom is still capable of making her own decisions? Why would she even sign one? OP prob needs a conservatorship or guardian ad litem. Mom sounds like she's still capable of making her own decisions considering she is still employed and just found a new job. OP needs to talk to an actual attorney. Just because mom doesn't want to do what OP thinks is the best course of action doesn't mean he should making choices for her.
This post was edited on 3/4/20 at 2:15 am
Posted on 3/4/20 at 3:28 am to 7thWardTo314
The easiest angle would be for her to just get the surgery. Get the surgery rescheduled and see if they can give her a one time dose of sedative prior to surgery.
You should explain to her that she has always taken care of you, but she is going to have to trust you to take care of her for just a little while. You take her to the surgery.
Alot of times the woodshed is the best place to start. If that doesn't work then I would look at POA.
You should explain to her that she has always taken care of you, but she is going to have to trust you to take care of her for just a little while. You take her to the surgery.
Alot of times the woodshed is the best place to start. If that doesn't work then I would look at POA.
Posted on 3/4/20 at 3:48 am to Beessnax
quote:
The easiest angle would be for her to just get the surgery. Get the surgery rescheduled and see if they can give her a one time dose of sedative prior to surgery.
That’s the plan but I’m trying to see worst case scenario. I’m currently 5 hours into an 8 hour drive with 3 hours of sleep in the past 36 hours. Once I make it home myself and my aunt are going to reassess and discuss options. Hopefully we can get a surgery scheduled.
Posted on 3/4/20 at 5:10 am to 7thWardTo314
quote:
My question is, given the circumstances and her mental state, would I be able to become power of attorney over her and file a life change event to my health insurance to add her?
Most likely not but that is up to your insurance companies rules and no one here has that info.
Posted on 3/4/20 at 5:14 am to Beessnax
quote:RA’ed
Alot of times the woodshed is the best place to start.
Move to the Arkansas Board please.
Posted on 3/4/20 at 5:26 am to 7thWardTo314
Interdiction.
Look it up.
Look it up.
Posted on 3/4/20 at 6:43 am to 7thWardTo314
Short answer- no. Insurance and POA are two separate things. Your insurance will only allow you to add dependents. Also a durable POA is a different animal than a healthcare POA. And the. There is a specialized POA needed for psychiatric treatment decisions in LA. You need to talk to an attorney if you think your mother needs a guardianship. Joe Prokop in Baton Rouge is one who specializes in this sort of thing.
Posted on 3/4/20 at 12:45 pm to 7thWardTo314
quote:
I come seeking your knowledge.
I can give you a bit of info based on personal experiences. My grandma had dementia (which worsened when my grandpa had a stroke & died) but both my grandparents were very smart with both their money and protecting the family. They both had assigned POA to my aunt. When it got bad my aunt used it to get her into a nursing home. I've been POA for my dad since I was 30 but haven't had to use it. I already have all the paperwork done and notarized for my wife to have POA over me. If you approach it from a "you're getting older maybe we should discuss when you are unable to make decisions for yourself" stance perhaps it would be easier.
Now the elephant in the room. COBRA is a good way to go short term. I do remember it being expensive as heck 13 years ago for our family of 4. Financially you should also be looking at protecting the family's assets. There's a 5 year look back period where nursing homes can (and will) force you to turn those assets over to them. It was HUGE that my grandparents did it with the POA. My dad has done the same (only 22 days away from clearing that 5 year mark) but went ahead and set up a trust for my kids rather than transferring it trough me.
Just a few things from my personal experience. Hopefully you are able to use something in your decision making process.
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