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Tamimac2 Asked September 12, 2024

Do I (POA) have legal rights to view medication given by a memory care facility? This is in California.

My father is in a caregiver facility. They gave him medications I specifically told them not to give. He fell 2 times in a 24 hour period. I asked to see what medications were given, the amounts & times/dates. The facility refused saying it is an internal document.

AlvaDeer Sep 12, 2024
Go directly to the administrative head.

If you are currently acting as a POA for an incompetent senior, yes you have a right to view the medical records. Just as the patient would have a right to. If you are registered with this facility as the POA discuss your documents with them again, make the demand again, and then ask to speak with the doctors writing the prescriptions for medications. You may need to bring in an elder law attorney. It is illegal action to ignore a POA document that is legal and in force. Tell them you will be bringing in an attorney if the do not allow access to medical medication record at once. Then do so. Your elder's funds pay for you to get expert advice consults.

Ohwow323 Sep 12, 2024
I live in California and has DPOA over my daddy. I always knew what meds were given to my daddy. The facility would call me and tell me when something was added or taken away or not given. My daddy was in a care home not one of those big facilities. I was on a first name basis with the caregivers and they were wonderful.

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Geaton777 Sep 12, 2024
Is your PoA authority active? If not, you need to read the document to see what is required: most of the time it is 1 or 2 medical diagnosis of cognitive incapacity.

If your PoA is already legally active, is he in AL? Or MC? Or LTC?

I agree with contacting the ombudsman if the facility doesn't cooperate. Don't go in there with guns blazing or they will clam up further. Please know that elders fall very often for reasons that have nothing to do with medications. My own very elderly Aunt with dementia could walk with support. She fell 3x in her own home in the presence of a family caregiver, breaking a bone each time. Since elders who are a fall risk cannot be restrained even for their own good, they can go on to fall again and again until they disable themselves completely.

I wish you success in advocating for your Dad.

PeggySue2020 Sep 12, 2024
If you’re mpoa then yes, your job id to consent for the patient. Ask for the ombudsman number. See how fast they change.

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