Doing business for someone who can't talk

[grandmommyk]

My husband has had ALS for many years. I am not sure how long it has been since his speech prevented him from being able to take care of business affairs. He hasn't been able to speak at all for over 7 years.

I used to take care of everything. If the other party was concerned, I showed them my power of attorney. Now it is getting increasingly difficult to get anything done. It seems that the new privacy laws have made my POA useless.

Is anyone else having this problem? Has anyone found a solution.

Thanks a bunch,
Karen

 

[ccurths]

People just don't understand losing the ability to talk. We have the same situation, my husband has to speak for me.

 

[LizT]

Try being firm and matter of fact with people if you arent already. Having POA does still give you the right to handle his business. Tell people who dont already know, that your husband is no longer able to speak and hasnt for 7 years due to illness, and that you are his POA and have legal right to take care of things.

other than this, i dont know else to tell you. are you explaining this and people are still giving you a hard time?

 

[brooksea]

Are you dealing with local companies or far way creditors?

It's amazing how some companies comply and some just outright do not cooperate. Sometimes, it just depends on the person you talk to. For example, my husband's Medicare Advantage plan insisted they must speak to him, even after going over the effects of the disease with them. Finally after the 5th time I called, I got someone that gave a dang. It was very simple: Go to their website and download the standard CMS Medicare approved form that gives me a right to speak on his behalf.

As for credit card companies, they are a pain in the butt. Although, I did find one that simply told me to write out a statement saying it was OK for me to handle his affairs and have him sign it and then fax it to them. The others all want a POA. We've just recently had that done, so I plan on writing a short explanation of ALS and his situation and send it with the POA. If that doesn't work, then I guess I'll have to find out who to complain to at the companies that refuse to accept it.

If you are dealing with local people, I would take a picture or short video clip of him up to the company and ask them just how the hell he is supposed to handle his own affairs! :?:

 

[cukita99]

i encounter the same problem when trying to pay off my house. it was a pain.

 

[ruthiep]

Karen, how old is your power of attorney? Is it a general AND durable power of attorney? The "durable" aspect means that it will survive any type of incapacity your husband experiences. Additionally, depending on who you are having difficulties with---additional and specific language can be inserted into a new POA which makes special provisions relating to his medical health care and addresses the HIPPA privacy laws. Your POA should generally contain specific acts you are permitted to perform on his behalf, but also include a blanket clause that states you are permitted to perform ALL other acts not specifically spelled out in the document. I recommend you check with an attorney in your local area and see if an updated POA is in order. Hope things get better for you....you've got your hands full without the headache of dealing with outside parties giving you a hard time. Take care-

Ruth

 

[grandmommyk]

Thank you for all the advise. I always explain the situation but am afraid it is working less and less.

I believe my POA is both general and durable. There is a list of things it covers, but it is at least 7 or 8 years old. I will have to take a look at it tomorrow. Most people on the phone don't even want to see a copy of it. They just say they can't use POAs anymore. If we have a local matter or the company has a local office, I take him with me.

Some of the major problems have been with government offices like the people at the passport office, the social security (they told me I needed to get guardianship although we now have a form for a third party authorization), the VA Regional office (we have signed forms there 2 or 3 times now), etc. However we have had problems with credit cards, mortgages (even though I signed all the forms while buying the house), etc.

I talked to someone Friday who said this has happened because POAs were so easy to get that they have been abused so much. I talked to someone today who said they felt that lots of times people use Hippa as an excuse not to help you. A lady with the MDA told me today there are some things that hold more power than POAs but are not as severe as guardianship. She is going to put me in touch with someone she hopes can advise me on this. If I get some answers, I will pass them along. She did suggest that if I was talking to somebody and could not get anywhere, I might tell them I felt they were abusing his rights under the ADA by not speaking to me as his appointed representative. I will try that one.

 

[Atsugi]

I get more cooperation by engaging them on a personal level prior to getting down to business.

"Hi, my name is Mike. Is this the Acme Corp? Oh, thank goodness, I'm really glad to finally get through. Has it been a busy day for you there? I'm hoping to speak with someone who is experienced. Will you be able to help me? Here's my situation, and I really hope you can help out. My wife has a really bad health problem, and can't speak well, so she's asked me to call you and to speak for her. Are you in customer service? Here's our problem... How do you suggest we take care of that?"

 

[brooksea]

I do that almost to no avail! Very nice though, if it works!

They still ask to speak to my husband, to verify his personal info and that's after they ask me for all of it and I give it to them. Then, he has to repeat it all over again. I know they don't understand what he is saying, cause I barely can and I cannot understand him on the phone. It's usually a foreigner, so I don't know how they understand him! LOL We have them on speaker phone and then they will say thank you very much, I will speak to your wife now. It wears him out!

 

[susanf]

I was thinking the ADA route. I'm losing my speech too. My husband is my POA. I have to find out how we are covered with ADA.

 

[grandmommyk]

I contacted my state representative today about a matter I just can't get resolved with the passport agency. They told me that POAs are state documents, so no federal agency recognizes them (although other parties don't either). They directed me to a privacy release form on their website that we are to fill out and get back to them. They will then try to intercede in some way, but it could take 30 to 60 days. The passport office will not talk to me, and they don't take appointments unless you have proof that you will be traveling abroad in the next 2 weeks. I mailed them a certified letter which was received almost a month ago and have had no reply. The email I sent went to the national office which referred me back to the local office that won't talk to me or let us come in. Enough ranting.
The bottom line is the Representatives office said that we might want to look into me being assigned a fiduciary status. She said it is a federal document instead of a state one and should be honored everywhere. She was not sure how to get one. She said it is issued by a court, so it might require legal representation. I will be looking into this farther.

 

[catcaniac]

I think a universal card should come with the ALS diagnosis that designates someone as your spokesperson. I am having the same difficulties. I don't have anything but a healthcare POA right now for my husband. He can't speak at all and needs an ambulance to travel. I will have to be talking to a lawyer to find out how to get the POA but it sounds like that may be a waste of time in some ways. These things are so difficult when you add them on top of trying to be caregiver, bill payer, mom, etc. Our house is only in his name, which concerns me a bit. The land beneath our house belongs to his mom and dad. They tell me I have nothing to worry about but with no will either, it stresses me but it is a touchy subject to discuss with them. We are supposed to be getting the new power chair this week but I have no handicapped sticker for the car because I have to have his POA to sign his name on the application. Seriously? We all need to be talking to our congressmen about how our PALS rights are being walked on and making their lives more difficult because of all this privacy stuff.

 

[Jannie_M]

This might be a long shot, but I wonder if using the operator assistants for the deaf would work. My husband has a niece who is legally deaf, and she would have to make phone calls with an operator who could read what she wrote and would respond back verbally. I am sure it would be a hassle to get it set up, but if "your husband" (or you as him) needs to use an interpreter, they have no choice but to talk to you.

 

[cukita99]

my son was in a car accident last nite n its a hassle to deal with ins bcaus i cant talk n car is mine.

 

[brooksea]

Lupe, I wish I could help you. Do you have a local agent that would come to your house?