Can a POA limit access to medical information ?

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Latest post 04-13-2010 4:57 PM by PA50plus. 10 replies.
  • 03-08-2010 5:09 PM

    • PA50plus
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    Can a POA limit access to medical information ?

    My brother has either an unlimited or durable POA. My mother lives nearby in a nursing home. I am 300+ miles away. When I attempted to contact via phone the nursing home's director of nursing about my mother's medical condition, they said I could not get any information because my brother instructed them via POA to have all inquiries routed thru him.

    Is this legal ? Can he do this ? Since she has NOT been declared incompetent, doesn't it just take my mother's consent for me to talk to the nurse or director about her condition ?

     

    Stay away from those who make the bad guys look good, and the good guys look bad.

  • 03-08-2010 5:29 PM In reply to

    • Drew
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    Re: Can a POA limit access to medical information ?

    Mom is entitled to act on her own and/or cancel the POA if she has much of her wits.....

    You may not be entitled to information w/o Moms consent  but absent being out of it , she could give same................



  • 03-08-2010 5:49 PM In reply to

    Re: Can a POA limit access to medical information ?

    PA50plus:
    Is this legal ?

    Yes.

    PA50plus:
    Can he do this ?

    He already did it.

    PA50plus:
    Since she has NOT been declared incompetent, doesn't it just take my mother's consent for me to talk to the nurse or director about her condition ?

    Your Mom can revoke the POA or just give written notice to the nursing home staff that you be allowed access to her medical information.

    Your Mom is the one you should be talking to about this.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 03-08-2010 5:57 PM In reply to

    • PA50plus
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    Re: Can a POA limit access to medical information ?

    Thanks Jack.

    adjuster jack:
    Your Mom is the one you should be talking to about this.

    I agree. However, she is not in the best of shape mind-wise....I will reminder her about this once again.

    I am trying to determine if I should hire an elder care lawyer to get her into a guardianship.

     

    Stay away from those who make the bad guys look good, and the good guys look bad.

  • 03-08-2010 6:20 PM In reply to

    Re: Can a POA limit access to medical information ?

    PA50plus:
    I am trying to determine if I should hire an elder care lawyer to get her into a guardianship.

    Personal opinion. Since she's already being taken care of in a nursing home and your brother has POA and is nearby, I wouldn't think it would make sense for the expense of a lawyer and guardian.

    A much better idea would be for you and your brother to talk it over and reach some sort of an agreement as to how everything is handled.

    My mother died in 2007 in NY. My brother and two sisters live in NY (me in AZ) and my brother had the POA and the Living Will instructions. But when the time came we all talked to each other. Much better that way.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 03-09-2010 9:17 PM In reply to

    • PA50plus
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    Re: Can a POA limit access to medical information ?

    Another thing: my brother and I haven't spoken in 4 years and he and his wife, an attorney have sued both myself and my wife in an attempt to get us disinherited in the eyes of my mother. Their claims and case are baseless.

    My brother and sister-in-law are purposefully keeping me away from my mother. This has become obvious to all involved now. They are apparently influencing and/or threatening the nursing home admin staff. Recently flowers sent to my mother had the card removed as if I had never sent them. When I called my mother to confirm, this is what she said: "everyone sent flowers EXCEPT YOU". Apparently, my brother took credit for the flowers that I had paid for. Unfortunately for him, 1-800-flowers has a complete transcript of the delivery and receipt of the flowers....and I am getting this in digital format.

    Finally: wouldn't the nursing home already have a pre-printed document just for this purpose ?
    I mean, wow, my mother can hardly write, let alone type a memo ! I am going to contact the DON at the nursing home tomorrow and ask her why she can't just give my mother a document to sign. If she does not or will not, I'm going to file a complaint with our state:
    http://www.portal.heal...

    Stay away from those who make the bad guys look good, and the good guys look bad.

  • 03-09-2010 10:32 PM In reply to

    Re: Can a POA limit access to medical information ?

    When was the last time you visited your mother?

    Considering the estrangement between you and your brother wouldn't it be in your best interests to visit her frequently?

    300 miles is a 5 hour or so drive. You ought to be able to do that at least once a month and deliver the flowers yourself.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 03-10-2010 7:20 PM In reply to

    • PA50plus
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    Re: Can a POA limit access to medical information ?

    About 3 weeks ago.

    That's a lot of time spent on something that may not "pay off". I've not heard of anyone having to go thru that to see that their mother gets their flowers....it may be the first time in history.

    Instead, I'm going to hire an attorney and have him file for a guardianship.

    Stay away from those who make the bad guys look good, and the good guys look bad.

  • 04-13-2010 12:46 PM In reply to

    Re: Can a POA limit access to medical information ?

    "That's a lot of time spent on something that may not "pay off". I've not heard of anyone having to go thru that to see that their mother gets their flowers....it may be the first time in history."

    Many people go through more to visit a parent in a nursing home out of love and respect and who are not looking for a 'payoff'. 

    You will have to prove your mother incompetent in order to obtain guardianship - and likely expect a battle from your brother.

  • 04-13-2010 1:21 PM In reply to

    • Drew
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    Re: Can a POA limit access to medical information ?

    Hey for that matter Mom revokes the POA, she grants a new one to you  and she moves out of that home to one near you over the weekend .

    I know one guy who went to look for his mother --he's the type who checked in physically 3 times a week, but over 2 days she was 1500 miles away with  another child--and yes, all her assets did vanish.



  • 04-13-2010 4:57 PM In reply to

    • PA50plus
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    Re: Can a POA limit access to medical information ?

    Whoa Drew. What you are saying is that one faithful sibling got effectively "taken out of the family" so-to-speak when the mother was moved 1500 miles away in secrecy by another sibling ? Was this ever documented in a newspaper article or in a court transcript ?

     

    Stay away from those who make the bad guys look good, and the good guys look bad.

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