Legal Question in Wills and Trusts in Kansas

I currently work for RCIL emp. as Care Attendant for a handicapped woman and have cared for her 4 years.She is her own Med.P.O.A & has made the hiring/firing decisions herself.Recently an emp. refused to accept termination and refused to leave the premises so the police had to be called, the situation got so heated that my client fell ill due to lack of Oxygen in her blood which is one of her handicaps, she refused to go to the hospital with the ambulance, I finally cohersed her into going and she is still there as we speak and now The CaseMgr for the SRS who is also conversing/taking sides with the employee who was fired wants to revoke her right to make her own decisions becuz she refused medical care and becuz of the staffing issues.Before they take her decision making rights from her, she wants to name me as her medical poa. Can this be done and will I still be able to work for her? She is of sound mind and is her own representative at this time.I am willing to do this for her, as I feel I will uphold her wishes to the best of my ability.

Asked on 9/24/13, 12:47 am

1 Answer from Attorneys

Anthony Smith LawSmith

What you propose would create Several risks for civil liability for you. I suggest that you not agree to it, until you have been thought advised. You were smart to seek some general guidance based upon the general facts you described here. The wise thing now would be to get thorough advice based upon the specific facts of this particular situation. You consult directly with a probate or elder law attorney in your area. If you choose to you accept the poa appointment, you probably cannot continue as her paid caregiver.

Good luck

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Answered on 9/24/13, 8:22 am

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