Things that just get under your skin....

I'll make this as short as I can....

Suppose someone started making health decisions for the care of your parent that removed them from their home to a hospital and then convalescent home all without your approval? Despite the fact that you have sole power of attorney for that parent and no one ever contacted or called you until after the fact?

It makes you rant... that is what it does....

I suppose it all hinges on whether they determined that person was mentally competent or not. I advised them they need to see a lawyer.

a reply to: RickinVa

Ummm, sorry to hear this. I am pretty sure that you can reverse those decisions with the durable POA.
I had that with my Mom and a copy of the healthcare declaration (can't think of what it was called)...
The nursing home that she went to for rehab needed a copy. Interestingly I never DID provide it but, they asked even after she left and went to the hospital (emergency) and passed away days later.

Sorry to be short. I wanted you to read before you were off line...

a reply to: RickinVa

Hi, what kind of alleged problem it should be: psycho- or somatic-?

a reply to: RickinVa

Unless that person ended up getting Guardianship, but in that case you would have to be notified and agree to the arrangement. I don't know how any of this could have been done without contacting you or your attorneys.

I've had Power of Attorney, but I needed stronger control over my mother's care because the family member who originally had POA was physically abusive to my mother. That person had her POA relinquished and my attorney advised me to get guardianship for my mother. It has a much stronger control, but you have to make yearly financial reports to the court on how her assets are spent. I have to be notified before any medication or changes are made on her behalf. She also has a living will.

a reply to: WeRpeons

She also has a living will.

THAT was the healthcare paper I couldn't think of!

TY...

The parent has a will that has a DNR it, but that it all.

It started as a medical issue that required a hospital stay,,,the parent was sent from the hospital straight to the convalescent center.... now Social Services has stepped in want the POA to sign a bunch of paperwork to sign over life insurance, property, house, etc of the parent to the state after 60 days in the center.

All of this happened without anybody contacting the sole power of attorney until after the parent was already at the convalescent center. They may have taken the signature of a relative, but not from the only person who was authorized to do it.


It just doesn't smell right to me.

a reply to: RickinVa

Sure doesn't sound legal to me. The hospital has an obligation to make sure they contact the POA or Guardian before any medical decisions are made. They should also have been made aware of whether or not she had a living will. I would definitely look into this matter. The hospital may also be liable for performing any kind of procedure without your consent or knowledge of a living will.

I've been through this.

After 60 days Medicare no longer pays the freight. After that it's a "convalescent center" or nursing home. BUT no 0ne can "force" you to sign over power of attorney. You'd best have taken care of that sort of thing beforehand, including a durable care document. What most people do is execute a "Durable Power of Attorney" which goes into effect ONLY if a person is incapacitated. (It's kind of a contradiction in terms because a "Durable" power of attorney has fewer powers that a "Power of Attorney" which grants COMPLETE power.

Now, the deal is, if the incapacitated person cannot pay, then the State steps in and pays for them, BUT when that person passes away the State can attach the estate to recover money spent on the person's behalf up to the amount of the estate. So, for example, if the incapacitated person own a house free and clear, and that house is willed to you, then when you sell the house the state gets its cut.

In my case, I used my family attorney and for less than $1000 he took care of all this. I already had the proper documents signed by my father years before and was even a co-signer on his checking account, so this pre-planning really was a Godsend and made things easy. I wound up owing nothing because my father passed away well before the 60 days were up, and I never even saw a bill.

There is NO LEGAL REASON why social services needs to have a power of attorney right now. If this isn't what is happening to you I suspect you have a case and I suggest consulting an attorney.

Update:

It just gets better.....

The hospital says that while in the hospital, one of the parents symptoms was "mental confusion". When you ask them who signed the parent out of the hospital, they said the parent signed them self out.

I can't wait to see who "signed" the parent into the convalescence center... I am guessing it is going to be the parent who would never ever ever in a million years agree to go anywhere but home.... that is all this parent has wanted for some time now... to just die at home.

When asked how all of this transpired without any immediate family members being notified,,, the hospital said they would call back later.

You have to remember, all of this was caused by social services/someone determining that the residence of the parent was not safe and that the parent could not go home after the hospital. No one has seen any documentation of any inspections or anything else that was done to make this determination..... it is starting to appear that a distant relative of the POA set all of this up without the POA's knowledge despite the fact that she knew prior that there was a POA.

I would assume that if an official determination had been made that the dwelling was unsafe, there would have been at a minimum, a condemned notice, a copy of the report or something... a phone call... anything..... to date the only paperwork received from social services is the paperwork to turn all the parents assets over to the state.

I have a feeling that this was predicated by social services based on what they were told by this relative....which still doesn't explain nobody contacted any of the children of the parent until it was all over and done with.

I still say it is time for the person involved to hire a lawyer..... something really stinks.


And you know what really sucks? This has been over a week, the parent has been hospitalized, then released, then placed into a convalescence center and as I speak.... not one of the parents children has a clue what the official diagnosis was, or what the official prognosis is. Nothing. The hospital is mailing the transcript.

sad sad sad

It's almost like someone has kidnapped their parent and there is nothing that can be done about it.

situation resolved for now.

Thanks for the replies