My mother fell and her POA had doctors sign a certificate of incompetency. This certificate has her birth date incorrect and the date of evaluation incorrect, would these errors make the document void? It was done to control her money, it is a huge mess.
Her fall put a gash in her head that needed 8 staples and made her confused, she was rushing in the middle of the night to get to the bathroom and slipped, she called me I called 911and went over right away, they didn't transport her, said I could to take her to the er myself. They wanted to keep her for observation over night. But it wasn't a hospital that my son wanted her at and he talked to the er dr and had her transferred for a direct admit to another hospital in a different city and state.
I think you need to get an attorney.
The dr orders were she could go home with 24/7 care or to a skilled nursing facilities for 3 months and then be reevaluated. But they put her in an assisted living apartment and she is doing everything she was at home before she fell. It cost $3800.00 a month which she says is a waste of her money. The administrator and the nurses tell me there is no reason she can't be in her own home. My sons have not called her or came to see her, the moved her in and left. My son the poa for health told me he was going to take his grams car and use it, I said no and boy did he cuss me out..but I have the keys. I know they have asked and received alot of money from their gram over the years and fom me too. I just don't understand why they have done what they have done to my mother. They won't speak to me in person or on the phone only in text.
Anyone have any thoughts??
The lack of identification as well as the errors are disturbing.
Did you research this hospital? Was your son one of the paramedics who brought her to the hospital after her fall? And there's no other legitimate or properly drafted POA for either medical or financial decisions? Or were they attached to the declarations?
What you can do is either hire an attorney (estate planning or elder law practice area) and have her/him review the documents and opine on their legitimacy. If you can't afford that, call local communities and ask if they have an "ask the attorney" event, such as through their senior centers, at which attorneys can give brief legal advice.
The certificate gives her hand printed first and last name no middle initial or home address. It does not give a reason for her dx of incompetency for health care. Attached to the poa for financial which is my other son is a sheet of paper with the hospitals logo, again no address or phone number. It has one short paragraph. It says..my mothers name was deemed by two physicians, incapable to make her own health care decisions on 4/17/18. I certify that I have examined (NAME) and determined her to be incapable of making her own financial decisions. It is signed by a dr I never heard of the name of the hospital and the phone number.
I honestly don't know if an incorrect birthdate could invalidate a Certificate, but I would think it might, unless there's an SS number or something else to precisely identify her.
What kind of a doctor signed the certificate? Why didn't the proxy involve you or other family member?