Legal Question in Elder Law in Tennessee

Power of Attorney

My 67 year old mother is living with my family now. She is going through a very stressful divorce of a marriage that of 40 plus years.

She has visited my Gym with me & participates in water aerobics & loves it! Her visitor passes have expired and she can not afford to pay for her own membership. The Gym personnel stated that if I could obtain Power of Attorney over her (I am her oldest daughter) then she could be listed as family on my membership & would only be $20.00 per month. If she gets her own membership it will be $75.00 to join and $49.00 per month.

She does receive TN Care and it pays for her meds & most of her doctor visits. She has very little social security income. She is afraid if I get Power of Attorney, then our whole household income would have to be listed and she would loose her TN Care. Will my having Power of Attorney over her interfere with her receiving TN Care benefits? Thank you for your time & consideration!


Asked on 9/14/04, 12:31 am

1 Answer from Attorneys

Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Power of Attorney

I have good news for you. Did you know there are 1,000 different varieties of powers of attorney? You and your mother seem to be aware of the usual comprehensive power of attorney over financial matters. However, you can construct a limited power of attorney, still called Power of Attorney at the top of the document, for just decisions concerning gym memberships. Your gym does not know the law, because having a power of attorney does not make someone your dependent either legally or with respect to the U. S. Tax Code. Therefore, I suggest you confirm one last time with your gym that if you have a Power of Attorney, they will let your mother participate on your family plan. Get that person's name, and if he will put it in writing all the better. Then you can construct a Power of Attorney based on free forms that you can find on the Internet. You can download them for free and fill in the content. Your content will be something like "I vest in my daughter the power to make decisions for me concerning gym memberships and to include me as part of her family in any organization offering discount membership plans for families." Hopefully, your gym won't be smart enough to realize the document is not a comprehensive and complete power of attorney over all financial, health, and legal matters. You can contact me directly if you need further assistance.

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Answered on 9/14/04, 7:39 am


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