Power of Attorney: Don’t Pick the Wrong Person

DeafCounseling     January 26, 2024 in ASL 15 Subscribers Subscribe


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When we sign a power of attorney (POA) for our healthcare decisions, we are doing much more than simply naming someone to act on our behalf, if and when we are ever unable to do so. As Deaf Counseling Center therapist, Jarom, points out, there are many factors and pitfalls to be aware of when choosing a POA.
 
The typical process of determining when to invoke a medical POA is already somewhat questionable. Most of the time, a health care professional will ask the patient a series of “mental competency” questions, such as “What year is it?” or “Who is the president of the USA?”. The relevancy of these questions and the ability to answer them doesn’t really have anything to do with whether someone is capable of deciding if they want a visitor, for example.
 
When a patient is Deaf, there’s also a good chance that whoever is doing the mental competency assessment to decide if the POA should be activated will rely on a family member (often the potential POA) to “interpret” the questions. This leaves open the possibility of the potential POA family member misrepresenting either the hearing clinician’s questions or the Deaf patient’s responses, in order to get the POA activated and assume full power.
 
For legal advice on POAs, consult with an attorney who specializes in estate planning. #powerofattorney #healthcarepow
 
Transcript in comments.
 
[VD: Jarom, a white man, is sitting in an office, signing about POAs.]

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