Public Advocate Launches Public Education Campaign

To Help Citizens Plan in the Event of Incapacitating Illness

TRENTON, NJ – The Public Advocate is launching a campaign to educate nursing home staff, senior citizens and their families and other New Jersey residents about the importance of executing a durable power of attorney, and how to prevent against its abuse or misuse.

Part of the Public Advocate’s function, through its Division of Elder Advocacy, is to safeguard people age 60 and older living in nursing homes and other long-term care facilities.  

“In recent months, several cases came to our attention in which it was clear that powers of attorney were being improperly used by family members or nursing home staff to make decisions on behalf of individuals who were capable of making their own decisions,” said Debra H. Branch, Ombudsman for Institutionalized Elderly.  “In one case, repeated efforts by a nursing home resident to revoke her power of attorney were ignored by nursing home staff.”

Branch, a Deputy Public Advocate, is an elder law attorney with extensive experience in the private sector.  She was appointed Ombudsman by Public Advocate Ronald K. Chen on Oct. 8.

“All of us want to know that when we grow older, our authority to make decisions on behalf of ourselves will be protected to the fullest extent possible, and that when we need the help of others our powers of self determination still will be respected and honored,” said Chen.  “We have seen many cases in which it was clear that nursing home staff or family members did not understand the limits of a power of attorney, and that a competent individual always retains the right to revoke a power of attorney.  In one case, we received a complaint from a nursing home resident that her absentee ballot had been improperly sent to the relative she had assigned the power of attorney.”

A durable power of attorney allows an individual to determine in advance who would handle their business, financial and personal affairs, should they become incapacitated.  Branch said it is important for individuals to make appropriate plans so their wishes can be carried out if they become temporarily or permanently unable to make decisions on their own.

“Most people know they should have a will so their estate can be administered and distributed to beneficiaries,” said Branch.  “Unfortunately, many people fail to plan adequately for lifetime disability that leaves them unable to legally handle their business, financial and personal affairs.”

“But merely because someone has taken responsible steps to designate a power of attorney does not mean that the individual loses the ability to make decisions for themselves,” Branch said. 

To address the problem on a broader scale, Chen’s office will launch a public education campaign that includes informational materials explaining what a durable power of attorney is, and how people can go about creating one. Staff from the Division of Elder Advocacy will also visit nursing homes to educate staff members about the limits of powers of attorney, and how they can help residents protect themselves in the event of a debilitating illness.

“People need to understand the difference between an ordinary power of attorney, which becomes invalid if someone becomes incapacitated, and a durable power of attorney which remains in effect even if you become mentally incapacitated,” Chen said.  “Having a durable power of attorney can save time, expense and the inconvenience of a court proceeding.”

One of the biggest advantages of creating a durable power of attorney is that people can choose someone such as trusted relatives or friends who will be in control of their affairs, should they later become unable to act on their own behalf.  Making such a personal choice in advance eliminates the need for the courts to appoint a guardian.

Disability or diminished capacity can arise from a number of different causes, such as illness, injury, an accident or as part of the aging process. If this happens – and no durable power of attorney is in place – then the court may act to appoint a guardian.

Known as guardianship and conservatorship proceedings, these court actions can consume time and money and leave the decision of who will handle affairs in the hands of a judge.

To further explain educate people about durable powers of attorney, the Department of the Public Advocate has prepared a question-and-answer document.  Click here to view it.

To learn more, go to www.njpublicadvocate.gov or call (609) 826-5090.

###