Can nursing home deny communication with MPOA? Can doctor threaten Reprisal/ move rather than address medical concerns? Dr never told of even Medical Power of Attorney (son of end stage dementia patient)
Nursing home cut off ALL communications after MEDICAL CONCERNS brought to their attention during a family care meeting....which in pt rights is cutting off communication with the pt because MPOA does speak for the resident that is unable to speak for selves)
MPOA was changed without notification & signatures WITNESSED only by NH staff NOT NOTARIZED or legal attorney.
MOM cannot possibly sign a POA with advanced end state dementia & POA NEVER signed transfer to brother.
Pt is in harms way and we are perplexed why & how it happened if homes have such legal powers??
MPOA feels responsible but now home will not allow him to EVEN see the POA document or records to affirm who is legally responsible for Mothers care?
Can all this be done? is it legal? What to do?
Is Nursing Home responsible for following PATIENTS RIGHTS which in this case is residents right NOT FEAR REPRISAL in exercising HER rights...rather than addressing the medical issues (in this patient with dementia events including difficulty swallowing which could cause aspiration pneumonia!!) the DOCTOR threatened, in a meeting that she could be asked to move to another home. NO changes were made by nursing staff or doctor. Instead of assuring communication with MPOA the doctor just gave us his cell phone number so we would not have to call the nursing home since no return calls FROM Director of Nursing, Assistant Director of Nursing, Nurses, Social Worker or Director of home!!!!
Mom is in harms way given her advanced end stage dementia with dementia events & swallowing difficulties, being forced to eat when does not want to eat, no mouth care after each meal to prevent the food stashed in her mouth because she cannot swallow at that time therefore Mom SPITS meals out during day from various meals, denied right to get up & sleep when she wants to i.e. she is non responsive during the dementia events and cannot swallow (she will eat well when she comes out of an event & can swallowing, not waiting to put pt to bed after eating before waiting 1-2 hours after meals to prevent possible aspiration pneumonia, Head of bed not elevated to prevent same, gets skin tears when aids try to transfer her from bed to chair DURING a non responsive dementia event when she is DEAD WEIGHT& THE LIST GOES ON. The nursing staff nor aids have knowledge or experience about non responsive dementia events. Nursing Administration has cut off all communication with MPOA & we have been told the POA was transferred by nursing home WITH ONLY Nursing Home witnesses not notarized or by attorney or filed at courthouse.
The doctor states he does unnecessary tests because he does and always will "treat the family". As MPOA the desire was requested for no unnecessary tests or treatments to allow her to die in peace which is her RIGHT!! Not torture.
Additionally now,with Mom drawn up in a fetal position with rheumatoid arthritis, hand and leg muscle with atrophy,physical therapy is ordered, without regard to comfort & peace as he lay dying...therapy to her deformed hands and legs along with the atrophy. Comfort Care was requested with pt right requested on no transport to hospital, no unnecessary tests, treatments etc, palliative care she has requested and deserves. Please help if you are able we are scared for her being and are asking what to do including addressing the ethical issues too.
Thank you for this opportunity perhaps it is a beginning to get headed the right direction as we take another step, hopefully, forward
The new POA or MPOA is legal if it is signed and witnessed. They do not have to show it to you.
If you want to challenge the new POA based on neglect, you must do so in court. See an attorney. You will need to have the MOLST form that was signed by the patient and their MD to prove treatment should be withheld.
Two things jumped out at my on your post. 1-your mom wants to be able to die in peace. Have you considered hospice. Many hospice facilities are wonderful, and cost a lot less than a nursing home. Start shopping around now. 2-they don't know how to properly handle her unresponsive episodes. I'm going to ask you a question I've had to ask myself: do you really want to fight to remain in a place where you are being mistreated by staff and your mother is receiving poor care? I know it's not always possible to move someone, and it certainly is NOT easy, but ask yourself if it's something you want to start looking into. What if you visited other homes in your area and asked what, if any, experience they had with people with unresponsive episodes, and you found a nice comfortable place that understood your mom? Wouldn't that be so much better than trying to fight with the snakes at her current place?
Please keep us informed as to how things go.
Kreisler at pickyourpain
May God bless.
Please also be aware that sometimes you are speaking to the attorney or paralegal, but other times, you're talking to a data entry person. You can usually tell because the data antry person has no medical knowledge. A real legal person will have basic knowledge so you shouldn't have to give lengthy background information such as, "The kidneys are in the upper part of the abdomen and they work like filters..." etc. When you call, try to have stuff written down. That helps you stay organized. Some are ridiculously impatient. Others very kind. It saddens me that secretaries rush people off hte phone before they get a sentence finished.
I am a firm believer that the truth wins. Hold onto that. My experience is that wrongdoers try everything they can to discredit those that cry out, "Abuse!" including calling you crazy or "disgruntled." You will hear such nonsense, and it gets extremely illegal. Please be careful, don't stop, don't give up, don't cave in, don't waver, don't let them beat you down. Stay alive, too, cuz this is one heck of a ride. That's part of the not shutting up bit.