Hoping someone can help with this question. I have an elderly relative living in permanent aged care at a nursing home. The home provides various services including arranging transport and a nurse escort to accompany her to specalist medical appointments in another town. I have power of attorney however the nursing home refuse to disclose the cost of this transport, or any other costs to me, as I was not the person who made the initial contact to arrange for the resident to enter into aged care. They say financial information will only be released to the person who made initial contact with the home. The home is in NSW.
My question is can the nursing home refuse to recognise my power of attorney? The document was drawn up by a solicitor, it is an enduring power of attorney and the resident is my mother who appointed me as power of attorney. The appointment is still current in every way.
thank you in advance for any responses.
Hi RickI recently had to change over my EPOA to my 2 oldest children, they can act jointly or severally, which means either one of them can act if the need arises , mind you they’ll need a letter from the Dr first. Do you have access to the bank accounts? That could be another way of finding out what the expenses are, by requesting to see a bank statement. Still think you should get legal advice.
Thanks Nellie, Yep, the power of attorney is a jointly held with the person who made initial contact with the nursing home. The power of attorney doesn’t provide for lifestyle or medical decisions but does specify that the “attorney” can act in all financial matters. I interpret this as meaning I could request, and be given, a statement of expenses as I’m acting as if I am the person.
Hi Rick,
Best you contact the solicitor that drew up the EPOA, and ask them if what they’re doing is legal, they should have the original documents there. Do you have certified copies of the EPOA? Does the person who made the initial contact with the home have power of attorney as well? And who does the nursing home send their invoices to, in other words who pays the bills. It’s all a bit strange. We did our EPOAs back in 2009 both financial and medical, but they changed the rules in 2014, I can only make financial and medical decisions for my husband even though I have a letter from the geriatrician that says he has advanced dementia, I can’t make personal or lifestyle decisions as I recently found out.