Is the Power of Attorney given the power to mess with the incapacitated person's insurance & beneficiaries?

Question

Is there anything that can be done about a Power of Attorney that is denying healthcare to a beneficiary of the incapacitated person's health care/insurance? Any loopholes, any documents that would have needed to be completed?

Answer 1

A power of attorney declaration does NOT affect coverage of a beneficiary to a healthcare policy to someone covered under said policy, as long as the policy remains in effect.

A power of attorney only gives control of the person who is incapacitated to another.  It does not cover benefits due to others under an existing policy.

Answer 2

It depends what kind of power of attorney the person holds. There are financial power of attorneys, and medical powers. They are not usually in the same document. A financial power of attorney allows the attorney in fact to execute documents, sign checks, pay bills, negotiate settlements, sell real estate or personal property, on behalf of the incapacitated person. A medical power is for health decisions. There are many ways of limiting powers of attorney. There are both full powers of attorney and limited powers of attorney.You have to read the document to know the full scope of the powers. Insurance companies require that the written document be submitted by the attorney in fact prior to releasing information, making payments , etc. So your question "are there any loopholes" would make me conclude that the powers are specified in the document, you need a copy of the papers to know the extent of the powers appointed by the incapacitated person. "Messing with " beneficiaries has nothing to do with it. It's possible the best interests of the incapacitated person do not mesh with what the beneficiaries want. The attorney in fact has a fiduciary obligation to the incapacitated person, and doesn't  owe family members who disagree an explanation, much less succumb to pressuring by them or solicit their opinions on the best course of action. That's just the way it works, like it or not. Most people execute a power of attorney and appoint an attorney in fact specifically to avoid the hassle and problems of having family members make those decisions. It is designed to exclude those family members, specifically, and to select/ appoint the person in charge. I hope this explanation helps you. If you are having trouble with an attorney-in -fact and think the appointee is not representing the incapacitated person properly, you need to see a lawyer. You can probably start by requesting a copy of the appointment papers to determine the scope of the powers permitted. Additionally, the sick person may have filled out a living will, which instructs hospital personnel, doctors, and others whether or not healthcare should be administered or withheld. It may be that the attorney in fact is simply following the wishes of the sick person. He/she may have written instructions that say "do not resuscitate, do not hydrate (administering water), do not  put on life support, etc." That is what the Terry Schiavo case was all about--she didn't have those documents executed when she became brain-dead. The person that takes care of those decisions himself, while he is still healthy enough, is really doing his loved ones a great favor, and trying to protect them from having to make terrible decisions. Finally, you are not a "beneficiary" until the  sick person dies, and leaves you property in his/her will.