My question involves a person located in the state of: Alabama
This may be a bit long so I can explain the situation.
We have to go back to 2009.
I am the son in this scenario.
My mother was going through a divorce and was in a car wreck which she almost lost her life. She had no POA or anything setup for her future. We executed a POA in the hospital before she went into surgery just in-case her soon to be ex-husband would try to make medical decisions if things did not go well. Everything went good and she recovered and we never had to invoke the POA. Afterwards she decided it would be best to leave it and even had a new POA drawn up through her attorney to change her name back to her maiden name.
Fast forward to 2012 at the age of 69 she started to forget things, like paying her bills on time, unaware of where she had been etc. Then one night she fell broke her arm and could not remember how she did it, or why she was there, this was at 2am and she was out walking. The hospital sent her to a rehab facility, where she had to be referred to a mental ward for increased confusion, threatening behavior and being verbally abusive. While in the mental ward the doctor who was evaluating her stated she had been uncooperative. Said she was aware of her physical limitations, but with increased confusion, decreased concentration, increased anxiety and was having panic attacks and disrobing in public, belligerent, with excessive irritability. He also noted auditory and visual hallucinations along with refusing medications.
Her total mini mental status was 14/30, indicating cognitive impairment. He stated she was anxious, agitated, depressed and tearful during the interview.
She was released to a nursing home that my brother and I had agreed upon where she has been since Dec. 2012.
In 2013 her sister got mad because she did not like the nursing home and had printed out a POA and took my mother out for lunch and got her to sign it. The Bank allowed them access to her Banking, which Mom had no money other than her SS check which was setup to go directly to the nursing home. We also had a life insurance policy that was being paid out of that account. Which the sister closed and all the money started going to the nursing home. Her sister thought she had money and we where keeping it from her. Not the case as SS had to have all her banking records back to 2007 to be sure they were not paying for her care when she had money. She had no assets worth much money. Even though her elderly sister had the illusion of being in control, the hospitals still call me. Her sister passed about a year ago and the nursing home continued to call if they had to change meds or there were any problems.
2018
She has had another lady sharing a room with her for the past 3-4 years. May 9th an CNA at the nursing home caught the lady physically abusing mom. Slapping her in the face. So they had to separate them. Moving mom to front. After she was moved she was angry with me saying I had her moved when in fact the nursing home had moved them for obvious reasons. Since this time mom would hardly speak to me and if she did it was to tell me she didnt like being there anymore. She was not getting her way. Her sisters daughter began coming over and telling her we were wrong and even told the nursing staff, administrator and social worker her displeasure about the move. Well on Aug 4th we go visit with mom, when we arrived we could not find my mother, when we asked the nurses where she was at they got a strange look on their face and informed us that she had been moved to a new facility. Seem her niece had given the nursing home a new POA which they accepted and said it was a legal document. Given to them the same day they moved her, with no call to me what so ever. She had my mother sign and had a notary stamp it.
The nursing home has shared all my mothers medical records etc. Question is how can a POA be revoked by a principle who had been diagnosed by a medical doctor with dementia? They had no evaluation completed and the nursing home said my mother told them she wanted to move? I have retained copies of the POA and also have her medical records from the mental ward when we invoked the POA. The niece which I have not spoken to said she wanted whats best for my mother. The new facility now has the the lady accused of physical abuse back in the same room together. We are concerned about he safety.
Would I have a case against the nursing home for negligence on allowing my mother to be put back into danger by allowing her to leave? Against her niece? Do we not have to be notified that someone else has trying to move or take POA. Would a judge not be the only way she could take POA and only if we were not doing our duty as POA? She thinks because she recorded it in the Probate office thats all there is to it. If that were the case I would think anyone could just get POA from another especially when the principle does not understand the document anymore. This is why she had it drawn up before hand. The niece now wants to sue the nursing home for a skin tear. We feel she is looking to gain monetarily and thats the only reason she wants the POA. She has never been around before, but now she ever so caring.
I know this is long an appreciate anyone who could help direct me as to my options.
This may be a bit long so I can explain the situation.
We have to go back to 2009.
I am the son in this scenario.
My mother was going through a divorce and was in a car wreck which she almost lost her life. She had no POA or anything setup for her future. We executed a POA in the hospital before she went into surgery just in-case her soon to be ex-husband would try to make medical decisions if things did not go well. Everything went good and she recovered and we never had to invoke the POA. Afterwards she decided it would be best to leave it and even had a new POA drawn up through her attorney to change her name back to her maiden name.
Fast forward to 2012 at the age of 69 she started to forget things, like paying her bills on time, unaware of where she had been etc. Then one night she fell broke her arm and could not remember how she did it, or why she was there, this was at 2am and she was out walking. The hospital sent her to a rehab facility, where she had to be referred to a mental ward for increased confusion, threatening behavior and being verbally abusive. While in the mental ward the doctor who was evaluating her stated she had been uncooperative. Said she was aware of her physical limitations, but with increased confusion, decreased concentration, increased anxiety and was having panic attacks and disrobing in public, belligerent, with excessive irritability. He also noted auditory and visual hallucinations along with refusing medications.
Her total mini mental status was 14/30, indicating cognitive impairment. He stated she was anxious, agitated, depressed and tearful during the interview.
She was released to a nursing home that my brother and I had agreed upon where she has been since Dec. 2012.
In 2013 her sister got mad because she did not like the nursing home and had printed out a POA and took my mother out for lunch and got her to sign it. The Bank allowed them access to her Banking, which Mom had no money other than her SS check which was setup to go directly to the nursing home. We also had a life insurance policy that was being paid out of that account. Which the sister closed and all the money started going to the nursing home. Her sister thought she had money and we where keeping it from her. Not the case as SS had to have all her banking records back to 2007 to be sure they were not paying for her care when she had money. She had no assets worth much money. Even though her elderly sister had the illusion of being in control, the hospitals still call me. Her sister passed about a year ago and the nursing home continued to call if they had to change meds or there were any problems.
2018
She has had another lady sharing a room with her for the past 3-4 years. May 9th an CNA at the nursing home caught the lady physically abusing mom. Slapping her in the face. So they had to separate them. Moving mom to front. After she was moved she was angry with me saying I had her moved when in fact the nursing home had moved them for obvious reasons. Since this time mom would hardly speak to me and if she did it was to tell me she didnt like being there anymore. She was not getting her way. Her sisters daughter began coming over and telling her we were wrong and even told the nursing staff, administrator and social worker her displeasure about the move. Well on Aug 4th we go visit with mom, when we arrived we could not find my mother, when we asked the nurses where she was at they got a strange look on their face and informed us that she had been moved to a new facility. Seem her niece had given the nursing home a new POA which they accepted and said it was a legal document. Given to them the same day they moved her, with no call to me what so ever. She had my mother sign and had a notary stamp it.
The nursing home has shared all my mothers medical records etc. Question is how can a POA be revoked by a principle who had been diagnosed by a medical doctor with dementia? They had no evaluation completed and the nursing home said my mother told them she wanted to move? I have retained copies of the POA and also have her medical records from the mental ward when we invoked the POA. The niece which I have not spoken to said she wanted whats best for my mother. The new facility now has the the lady accused of physical abuse back in the same room together. We are concerned about he safety.
Would I have a case against the nursing home for negligence on allowing my mother to be put back into danger by allowing her to leave? Against her niece? Do we not have to be notified that someone else has trying to move or take POA. Would a judge not be the only way she could take POA and only if we were not doing our duty as POA? She thinks because she recorded it in the Probate office thats all there is to it. If that were the case I would think anyone could just get POA from another especially when the principle does not understand the document anymore. This is why she had it drawn up before hand. The niece now wants to sue the nursing home for a skin tear. We feel she is looking to gain monetarily and thats the only reason she wants the POA. She has never been around before, but now she ever so caring.
I know this is long an appreciate anyone who could help direct me as to my options.
Guardianship: Elder Law
Aucun commentaire:
Enregistrer un commentaire