I have a durable power of attorney for my mother. She fell and broke her hip and the surgery went wrong and her hip keeps coming out of socket. She spent 2 months in the hospital and they tried putting her in a nursing home. I contacted the patient advocate and got her discharged home and in home care set up for her. She had to go to the ER due to her hip disjointing for the 5th time(once at home 4 times while in hospital). The ER doctor said my POA was no good. I had to argue with him as it is legal and notorized. They admitted her, drugged her and then would not allow me to talk to her and would not give me any information about her. After 3 days I was finally told she was going into surgery 1 hr before it was to happen. I said no as she is on blood thinners for a clot in her calf. They finally listened and discharged her after a closed reduction. Her primary sent her to a specialist. However, now I am having problems with anyone communicating with me. They continually call my Mom who tells them to speak to her daughter, but instead they go around me and don't include me or notify me. I just found out there is a phone meeting scheduled between my mom, a care taker agency and the social worker. I emailed them both, left voicemails, no one is responding. My Mom has repeatedly requested they talk to me directly and she has signed releases of information and they have all been provided a copy of the POA. What do I do to get them to comply? I am frustrated and exhausted. Any advice is welcomed. Thank you
Have they told you exactly WHAT about your legally done POA is not valid?
I honestly have never heard of such a thing.
Also, it is important for us to know if your mother is incompetent, as your POA doesn't pertain to a person who is competent to make her own decisions WHILE she is competent to make them.
I am sorry you and your mother is going through this. It is illegal in most states for a valid POA to be denied when a senior is incompetent in his/her own decisions. I think you need to see an attorney at once for a "lawyer letter" and a letter testamentary regarding your right to make all final legal medical decisions (again, only if your mother is legally incompetent in her own decision making).
Good luck. I hope you will update us.
Is your POA just financial? Do you have a Medical POA? As said, the POAs are two different things. How does your financial read? Immediate or you need a doctor or two to declair Mom is not able to make informed decisions?
To talk to Moms doctors, that takes a Medical POA. Usually for those to be invoked a doctor has to declair Mom incompetent. Seems these doctors feel Mom is competent and there is no need to talk to you. Just make sure your on her Hipaa forms.
1-the “durable POA” mentioned above is not a healthcare POA. It’s the other kind, a “financial/general” POA. Unlikely but just have to check on this..
2-healthcare POA / healthcare proxies are pretty standard between states, and as far as I know all of them are only active during those times the principal (your mom m) lacks the power to make decisions. So even if you have a POA document, it’s not active if she has capacity to decide herself.
None of this means you shouldn’t be in the loop, etc., but I wonder if this is the case. Does your mom have her own decision making capacity? in that case, the POA would be considered not active at that moment, which could be interpreted “invalid“ through miscommunication. And would explain why they keep trying to talk to your mom about things instead of you.
I asked to speak with the hospital administrator and they are now complying. Took a few days. We have a meeting scheduled with the patient advocate as well and her PCP has put in a referral for her to be transferred to another hospital with a hip specialist. Hoping for the best.
HIPAA means The Health Insurance Portability and Accountability Act of 1996. Which has to do with privacy.
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