Caregivers

questions & answers

Question: Is it legal for a caregiver to take funds from their patients and can you give case precedents? Also does this apply to power of attorney too?

Answer: Is the caregiver's patient mentally competent? Is the power of attorney in the question a Durable General Power of Attorney or some other kind? Of course, caregivers accept compensation for their services from mentally competent patients. Can they accept gifts? If the patient is mentally competent and in charge of his/her own finances, the patient may legally give a gift to a caregiver, and the caregiver may accept. (However, many agencies have rules that prohibit their caregiver employees from accepting gifts from patients.) Can the caregiver write checks on the patient's account or use household money to purchase groceries and supplies for the patient? A competent patient can write out his or her own checks; the caregiver should never sign the client's name to checks. If the caregiver is the patient's legal conservator, he or she would have the right to write checks on the conservatorship estate accounts only. The holder of a durable general power of attorney may write checks with the bank's consent. A mentally competent patient may give a caregiver money to buy groceries or supplies for the patient, but the caregiver should carefully document his or her spending and be able to account for those monies. If the patient is not mentally competent or if competency is questionable, the caregiver should not use client/patient money unless the caregiver holds a valid, durable general power of attorney or is the guardian/conservator of the patient. Even then, strict accounting is required to ensure the caregiver is spending all of the funds on the patient for needed items.

Question: Is it legal for a caregiver to take funds from their patients and can you give case precedents? Also does this apply to power of attorney too?

Answer: Is the caregiver's patient mentally competent? Is the power of attorney in the question a Durable General Power of Attorney or some other kind? Of course, caregivers accept compensation for their services from mentally competent patients. Can they accept gifts? If the patient is mentally competent and in charge of his/her own finances, the patient may legally give a gift to a caregiver, and the caregiver may accept. (However, many agencies have rules that prohibit their caregiver employees from accepting gifts from patients.) Can the caregiver write checks on the patient's account or use household money to purchase groceries and supplies for the patient? A competent patient can write out his or her own checks; the caregiver should never sign the client's name to checks. If the caregiver is the patient's legal conservator, he or she would have the right to write checks on the conservatorship estate accounts only. The holder of a durable general power of attorney may write checks with the bank's consent. A mentally competent patient may give a caregiver money to buy groceries or supplies for the patient, but the caregiver should carefully document his or her spending and be able to account for those monies. If the patient is not mentally competent or if competency is questionable, the caregiver should not use client/patient money unless the caregiver holds a valid, durable general power of attorney or is the guardian/conservator of the patient. Even then, strict accounting is required to ensure the caregiver is spending all of the funds on the patient for needed items.

Question: Is it legal for a caregiver to take funds from their patients and can you give case precedents? Also does this apply to power of attorney too?

Answer: Is the caregiver's patient mentally competent? Is the power of attorney in the question a Durable General Power of Attorney or some other kind? Of course, caregivers accept compensation for their services from mentally competent patients. Can they accept gifts? If the patient is mentally competent and in charge of his/her own finances, the patient may legally give a gift to a caregiver, and the caregiver may accept. (However, many agencies have rules that prohibit their caregiver employees from accepting gifts from patients.) Can the caregiver write checks on the patient's account or use household money to purchase groceries and supplies for the patient? A competent patient can write out his or her own checks; the caregiver should never sign the client's name to checks. If the caregiver is the patient's legal conservator, he or she would have the right to write checks on the conservatorship estate accounts only. The holder of a durable general power of attorney may write checks with the bank's consent. A mentally competent patient may give a caregiver money to buy groceries or supplies for the patient, but the caregiver should carefully document his or her spending and be able to account for those monies. If the patient is not mentally competent or if competency is questionable, the caregiver should not use client/patient money unless the caregiver holds a valid, durable general power of attorney or is the guardian/conservator of the patient. Even then, strict accounting is required to ensure the caregiver is spending all of the funds on the patient for needed items.