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Power of Attorney Nightmare

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How much power do Power of Attorneys carry? When does a Power of Attorney go to far? Do you know what you're signing? What if you are capable of making your own decisions, should the Power of Attorney override your wishes? Our unfortunate situation may help you while making important decisions about your life or your loved ones.

When my aunt's health deteriorated, she made a competent decision to try to extend her life for a short while longer. We provided her with the somber news - it wouldn't be long. Yet, she decided she wanted to move forward with amputating her lower left foot and ankle, below the knee, in order to eliminate the serious blood clot that had formed. A wonderful doctor (in the attached sound clip) told her the prognosis was grim. Yet, he agreed to move forward with her wishes.

She was competent and coherent. During this time period, she:
asked me if I would be applying for my bosses job (who was just let go).
asked her grand niece (who was present) about her Boston apartment (a topic that hadn't been mentioned in weeks).
asked about her cousin's stroke and how she was doing.
talked to her previous neighbor, her cousin, and her best friend and told all of them over the phone that she had cancer and a blood clot. She asked her cousin how her grandchildren were doing.
continued to say that she did not want her youngest sister contacted as they have not spoken in years.
told numerous doctors and nurses about her grand niece being on the Dean's List at college which just happened within the last 2 weeks.
knew her colors when asked about the slippers that her grand niece knitted for her.
knew the current month, her birthday, and her father's birthday (April 21)
answered the Speech Pathologist when he asked her numerous questions to determine her coherency and all but one were answered with accuracy. She knew her birthday, other dates, the candidates running for presidency, etc.
spoke about going back to Eastern Star Senior Living Community as soon as possible as she did not want to remain in the hospital and did not want to return to the nursing home.
Her Power of Attorney, Mark and Toni Kanipe who are not relatives, denied her wishes that are heard on this clip. They told the doctors that she did not want to go through life-saving techniques even though she did request it at the hospital.

After being removed from medicines, within days, her alertness started subsiding as gangrene started setting in. Although during two 30-45 minute periods, she was very coherent. When asked if she thought McCain would win the election, she quickly said NO. When we asked her who she would vote for, she said "Hillary." During this period she also reemphasized to four witnesses from the hospital, nursing home and Eastern Star (none were relatives) her desire to be at Eastern Star when she passed away and not in the nursing home. She knew that Eastern Star nurses and Hospice would be there to care for her. She wanted to die in her familiar surroundings near her Eastern Star friends.

Yet the Power of Attorney, Mark and Toni Kanipe, made the decision that she must stay in the nursing home that she did not like. They believed the care was better at the nursing home, although throughout her dying days, it was not. Unfortunately, my aunt's last two wishes were not granted.

During the time that my aunt was coherent, she admitted to my mom (her sister) and me that she made a large mistake in making Mark and Toni Kanipe her Power of Attorney. Do not make the same mistake that my aunt made - be careful what papers you sign.
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Added: May 4, 2008
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