He will not allowed me to speak with her.The owner will not allow me to speak with her, nor her to see nor speak with me. What rights are being violated as far as mine, and my friend who wants to see me, but is not being allowed too by the owner of the facility.
If there is a temporary or permanent restraining order is place, the administration would be within their rights. If the NH is ordering you off of their property because you are a constant disruptive presence, they're probably within their rights. If the resident doesn't WANT to see you, they can do that. (Regardless of what you THINK, she may NOT want to see you.)
Unless the NH administration is psychotic, there is a reason for this beyond what you've written here. Share it so we can help you.
Civil law defines civil elder abuse to mean physical abuse, neglect, financial abuse, abandonment, ISOLATION, abduction, or other treatment resulting in physical harm or pain or mental suffering. It also means the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (Welfare & Institutions Code Section 15610.07)
Abandonment: The desertion of an elder by someone who is a caregiver.
Abduction: The removal, without the consent of the conservator, of a conservatee to another state.
Financial Abuse: The illegal or unethical exploitation and/or use of an elder’s funds, property, or other assets.
ISOLATION: The intentional preventing of an elder from receiving mail, telephone calls or VISITORS.
Mental Suffering: The infliction of fear, agitation, confusion through threats, harassment or other forms of intimidating behavior.
Neglect: The failure to fulfill a caretaking obligation such as assisting in personal hygiene, providing food, clothing or shelter, protecting a person from health and safety hazards, or preventing malnutrition.
Physical Abuse:The infliction of physical pain or injury, sexual assault or molestation, or use of physical or chemical restraints for punishment without, or beyond, the scope of a doctor's order.
Your mistake, I'm afraid. Before you spend money on a lawyer, wrap up a copy of your DPOA in pretty paper, tie a red ribbon round it, and take it personally round to the Ombudsman's office ready to offer them a full and frank apology for having jerked them around.
You said you realised that you didn't have to send the Ombudsman a copy of your DPOA to claim your right to see your friend for whom you hold it, and that is why you decided not to do it. Legally true. But tactically a poor move - particularly after you had already told the Ombudsman's office that you agreed to do so. I repeat: your mistake. Do you want to win this argument or don't you? If you do, go back to the Ombudsman and apologise.
Remember, you can draw more flies with honey than with vinegar. When dealing with people, do your darn best to be polite. Know when emotions are good vs. being neutral and matter-of-fact. Even if it means smiling while gritting your teeth.
They still sell stamps and you can send it via snail mail, you know. Or maybe certified mail would be better!
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