Re: Power of Attorney -- Managed Units

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Date Posted: 11:34:57 02/14/00 Mon
Author: David Little
Subject: Re: Power of Attorney
In reply to: Nancy Drummond 's message, "Power of Attorney" on 13:30:43 02/10/00 Thu

> Lately in our facility, we have gotten residents in
> who have no family, friends or anyone. They need to
> set up POA for Health Care but they have no one to
> name as a POA - also what is the liability for a POA.
> We are trying set up a group to address this problem
> but need the legal problems address.
Hi Nancy,
My suggestion is to contact DHS on what to do about health care decisions when there is no one. I believe someone from the state can be assigned to those who have no one. The Power of Attorney you are referring to is a Health Care Proxy. This is not a Durable Power, and is only good for matters concerning health care, and ends when the person deceases.
In my mind there is no liability concern if there is no one to raise the liability issue,(you said she had no family or friends). A Limited Power of Health Care Proxy I guess could have some liability issues if family sued, but normally this isn't the case since the Proxy is assigned by the family member.
This is how I would approach the problem. Hope the ideas help.
David Little

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