Brigit, I'm sorry to say this but the reason that state authorities are stepping in and applying for guardianship of your friend is that while you had health and finance POA you made a right balls-up of protecting him.
You didn't gamble away his money, you didn't steal from him, you didn't allow dodgy people to visit him and you didn't ignore his paperwork. But you didn't, either, take the steps necessary to make sure these issues were dealt with competently. Are you sure it isn't in your friend's best interests for someone else to take over? It won't stop you being his friend.
POA does not give you guardianship. It only gives you the ability to handle their affairs and wishes when they no longer can. There are immediate POAs but same thing, not a guardianship.
How did the area on aging get involved? Someone had to have called them. The only way they would get involved in this way is if abuse of some kind was reported and found. And yes, their guardianship would override your POA.
There was an investigation for this to happen. I would think you would have been sent the results. I would think you would have gotten something saying O of A was investigating a complaint. I would have thought you would have been interviewed. If you get nowhere with O of A, you may need a lawyer to do it.
Some POAs, especially when drafted by an attorney say that if guardianship is required that, I, request john doe, to be appointed. Of course, it is up to the courts to approve. They can determine that the requested individual is not the optimum choice, usually for a very good reason.
What reason what reason do they have to apply for emergency guardianship when I just admitted him on the 9th of April and I've been filling out the Medicaid application with one of their caseworkers
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You didn't gamble away his money, you didn't steal from him, you didn't allow dodgy people to visit him and you didn't ignore his paperwork. But you didn't, either, take the steps necessary to make sure these issues were dealt with competently. Are you sure it isn't in your friend's best interests for someone else to take over? It won't stop you being his friend.
Your client is now in the NH you admitted him to on April 9th and you are filing out paperwork for Medicaid, yes?
Can you go talk to the NH social worker tomorrow about why the NH is trying to gain guardianship?
Is it possible that he's had a stroke, and that's why his health has declined and why he's being fed a mechanically altered diet?
Please stick with THIS thread.
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https://www.agingcare.com/questions/can-i-pull-eldery-out-of-facility-i-put-him-there-30-days-ago-and-his-health-has-declined-within-one-448550.htm
How did the area on aging get involved? Someone had to have called them. The only way they would get involved in this way is if abuse of some kind was reported and found. And yes, their guardianship would override your POA.
There was an investigation for this to happen. I would think you would have been sent the results. I would think you would have gotten something saying O of A was investigating a complaint. I would have thought you would have been interviewed. If you get nowhere with O of A, you may need a lawyer to do it.