At what point will a doctor declare a patient incompetent for his healthcare? Dad is physically droendent, has case manager, on high risk group list at hospital, several APS reports by police, EMT, PT and I'm sure his doctor (who I think got a case manager) but courts say he has right to make bad decisions. He will likely collapse or have stroke in the near future. I've tried to get care but dad was tricked by gfriend/roomate and my co-dpoa into believing that if he went into rehabilitation he would never get out. This contributed to his demise as that's his biggest fear. It's probzbly too late at this point. I tried to get an elder law attorney to him and had to cancel because they ymd him that I was bringing a doctor w the lawyer to declare him incompetent. ( I gave his in my sisters writing). Dad became hostile towards me though he's come around I still see hostility at times. He was rushed to hospital that same week for blood clit in lung and then developed clot in heart and across chest. Tachy Cardia. They brought in personal injury lawyer to hospital for him to sign a will and trust. He was released AMAand not in Coumadin as too dangerous. So I need to give up trying to help him health wise (I'm HCP still. Was co-dpoa too but sis tricked him into revoking...gfriend was witness and brought him to bank. 12/13...the week following an ER incident and scared him to leave hospital early and don't call me because I'll out him in nursing...was trying w his doctor to get him into rehab which he was open to). Dad did not send me revoked paper fir 75 days! Tells me he wasn't comfortable. Then he told me in 60 days my sis made him sign new one or sign something and I
Supposed to get letter but he said he didn't want that he wanted both of us to have to agree on everything. I have that on record. So now I can no longer help but wait and final thing would be to contest dpoa, which at this point won't make s difference and when he passes contest the trust & will as undue influence..and it looks invalid anyway.
Maybe the better question to ask is, how much will it cost you if you do not file a lawsuit? It dad is being abused, you need not file lawsuit, just call APS. But if you're concerned about possible future inheritance of sizeable amount then "invest" some money protecting that. But hardly anyone gets any inheritance these days, medical bills & nursing homes are incredibly expensive.