HOW POWERFUL IS YOUR REPRESENTATIVE?

Margaret’s saga continues…

imageproxy-mvc  Bob is back in his room in a privately-owned Care Facility recovering from surgery for a broken hip.  Daughter “S” has traveled from Ontario to spend a few days with him. Believing he is not getting the care they would like, the daughters request a Carer be hired 24/7 one-on-one; care beyond that given by this excellent facility. They have his new doctor prepare a letter to support this request. (The daughters “fired” Bob’s family doctor and replaced him with someone who has never treated Bob before).

Who pays for a 24/7 one-on-one Carer?

Powers are uniquely defined in Bob’s Representation  Agreement. (the link takes you to a government form – however, Agreement powers can be uniquely defined in consultation with your lawyer):

  • Where I am going to live and with whom, including whether I should live in a facility
  • Whether I should have contact or associate with another person
  • Day-to-day decisions on behalf of myself including decisions about my diet or dress
  • Whether to physically restrain, move, or manage me or have me physically restrained, moved or managed when necessary and despite my objections at that time
  • Giving or refusing consent on my behalf to all types of medical care, even though I refuse to give consent at the time the health care is provided
  • Anything else that my representative considers necessary in relation to my personal care or health care
  • Retain, on my behalf, the services of qualified persons to provide health care and personal care, or either of them, for me
  • Retain the services of a qualified person to assist my Representative to do anything the Representative is authorized to do
  • Any costs incurred on my behalf, including services rendered ….arising out of the performance of the Representatives duties are my debts and will be paid by me
  • I indemnify my Representative for any loss or cost incurred by my Representative arising out of the performance of the Representatives duties under this agreement.

The powers I have bolded are particularly worrisome for Margaret.  If the step-daughters pursue them, she may have to sell her home to cover costs. They can move Bob, or hire the Carer, or charge for travel expenses incurred, even when they removed Bob from the facility; and Margaret will be stiffed for the costs.

Unless you have been blessed with a “Kumbaya” family, I suggest you get out the door and clearly outline your wishes in a Representation Agreement!

 

 

 

 

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Luke Lewandowski
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Excellent follow up article.