Is the name power of attorney?

July 6, 2024 4:48 AM

I'm caretaking for brother with ALS. His speech is getting

difficult to understand. Time is approaching when I will need to be able to control his affairs without him having to deal with people over the telephone. Many organizations demand to speak to the actual person, especially banks, pension funds,etc. What is the proper term used where I take over control of his affairs? I am in New York state.

posted by Czjewel to Law & Government (6 answers total)

POA, power of attorney. If you and your brother haven't set that up, you should do so immediately, in addition to MPOA, medical power of attorney. My younger sister is this for our mother with Alzheimer's. After it was done, she went to the bank and Mom's doctor's offices to present these forms for their records so she could be the main point of contact for anything involving finances and health.
posted by Kitteh at 4:52 AM on July 6 [8 favorites]

Seconding Kitteh. It’s something your brother needs to document his wishes around. I’d seek legal advice in your state. You’ll want documents you can share with every entity you might need to do business with on his behalf.

And yes, healthcare POA and other POA require separate paperwork.
posted by eirias at 4:56 AM on July 6 [4 favorites]

"Power of attorney" is the document. After he signs it, you are the "agent," not "the power of attorney." Many people confuse those.
posted by yclipse at 5:30 AM on July 6 [4 favorites]

One thing think about. I had medical and financial POA for an elderly and terminal relative. Every entity I needed to interact with, nursing home, hospital, bank, investment companies required in-person examination of the original document, which they then copied for their records. This was just before Covid happened, so perhaps that practice has diminished, but I'd check before assuming a scanned copy would be accepted.

Note that all POAs end at the moment of death, so as hard as it is to think about, make sure your brother has set up a will. Death without a will is a terrible situation a loved one can prevent.
posted by citygirl at 9:25 AM on July 6 [4 favorites]

New York State has an assistive technology division that might help your brother with assistive speech technology/communication. Every US state has one. Ours even has a loaner library so he doesn’t end up purchasing a mismatched device gathering dust in a corner, it can help support independence/communication participation and support mental health given the state of his muscles. Yes, keep on with the POA/Living Will/Will planning-lots of good advice upthread.
posted by childofTethys at 1:21 PM on July 6 [5 favorites]

Power of Attorney, NY short form. In New York, you'd add a "health care proxy" document -- that link heads to the office of the Attorney General, and here is a direct link to the form w/instructions. A person can also document their wishes with regard to "Medical Orders for Life-Sustaining Treatment (MOLST)" with this NY form.

childofTethys makes an excellent suggestion about assistive technology; in your state, "The Technology-Related Assistance for Individuals with Disabilities (TRAID) Program provides access to assistive technology to any New Yorker with a disability through Regional TRAID Centers. Regional TRAID Centers provide device loans and hands-on training to people with disabilities. To access equipment, locate the Regional TRAID Center overseeing your county from the list below" [scroll down].
posted by Iris Gambol at 9:12 PM on July 6