Follow
Share

I have a durable power of attorney for my mother. She fell and broke her hip and the surgery went wrong and her hip keeps coming out of socket. She spent 2 months in the hospital and they tried putting her in a nursing home. I contacted the patient advocate and got her discharged home and in home care set up for her. She had to go to the ER due to her hip disjointing for the 5th time(once at home 4 times while in hospital). The ER doctor said my POA was no good. I had to argue with him as it is legal and notorized. They admitted her, drugged her and then would not allow me to talk to her and would not give me any information about her. After 3 days I was finally told she was going into surgery 1 hr before it was to happen. I said no as she is on blood thinners for a clot in her calf. They finally listened and discharged her after a closed reduction. Her primary sent her to a specialist. However, now I am having problems with anyone communicating with me. They continually call my Mom who tells them to speak to her daughter, but instead they go around me and don't include me or notify me. I just found out there is a phone meeting scheduled between my mom, a care taker agency and the social worker. I emailed them both, left voicemails, no one is responding. My Mom has repeatedly requested they talk to me directly and she has signed releases of information and they have all been provided a copy of the POA. What do I do to get them to comply? I am frustrated and exhausted. Any advice is welcomed. Thank you

Do you have health care proxy. DPOA and health care power of atty /proxy are separate things...
Helpful Answer (12)
Reply to casole
Report

Every hospital has an ethics committee. Request to speak to their administrator
Helpful Answer (12)
Reply to MACinCT
Report
Isthisrealyreal Jul 25, 2024
Great knowledge to have and remember! Thank you!
(4)
Report
See 1 more reply
You tell us that your legally done POA is being ignored, and that the medical team is in fact telling you that it is not a legal POA.
Have they told you exactly WHAT about your legally done POA is not valid?
I honestly have never heard of such a thing.
Also, it is important for us to know if your mother is incompetent, as your POA doesn't pertain to a person who is competent to make her own decisions WHILE she is competent to make them.

I am sorry you and your mother is going through this. It is illegal in most states for a valid POA to be denied when a senior is incompetent in his/her own decisions. I think you need to see an attorney at once for a "lawyer letter" and a letter testamentary regarding your right to make all final legal medical decisions (again, only if your mother is legally incompetent in her own decision making).

Good luck. I hope you will update us.
Helpful Answer (11)
Reply to AlvaDeer
Report
ML4038 Jul 26, 2024
I didn't and don't understand it myself. I asked to speak to the hospital administrator and things have improved. Mom and I have an appointment with the patient advocate today.
(5)
Report
Mom can agree for you to become her legal guardian. Sounds like you and Mom are in agreement on her treatment and a guardianship is stronger than a POA.
Helpful Answer (10)
Reply to OncehatedDIL
Report
ML4038 Jul 26, 2024
This is something we are now looking into and considering. Mom is worried that something will be done without her consent or while she is not thinking clearly so she has asked me to consult and communicate for her. It really made no sense to me because all the HIPPPA has listed me for years and the POA is a durable Healthcare. I have never had this problem with her PCP. I did ask to speak to the hospital administrator and they are now complying. We see the patient advocate today.
(4)
Report
Is your Mom competent to make her own decisions? If so, then no need to talk to you.

Is your POA just financial? Do you have a Medical POA? As said, the POAs are two different things. How does your financial read? Immediate or you need a doctor or two to declair Mom is not able to make informed decisions?

To talk to Moms doctors, that takes a Medical POA. Usually for those to be invoked a doctor has to declair Mom incompetent. Seems these doctors feel Mom is competent and there is no need to talk to you. Just make sure your on her Hipaa forms.
Helpful Answer (9)
Reply to JoAnn29
Report
ML4038 Jul 26, 2024
I have a durable Healthcare POA. I am on her HIPPA forms as well. She has also asked them to speak to me directly. She has made this request. It took asking to speak to the hospital administrator to have them comply. I have an appointment with the patient advocate today.
(6)
Report
This strikes me as strange. Did they ever explain why they wouldn’t honor the POA? There are two circumstances where I could imagine a power of attorney would not apply and I wonder if either of these is the case?

1-the “durable POA” mentioned above is not a healthcare POA. It’s the other kind, a “financial/general” POA. Unlikely but just have to check on this..

2-healthcare POA / healthcare proxies are pretty standard between states, and as far as I know all of them are only active during those times the principal (your mom m) lacks the power to make decisions. So even if you have a POA document, it’s not active if she has capacity to decide herself.

None of this means you shouldn’t be in the loop, etc., but I wonder if this is the case. Does your mom have her own decision making capacity? in that case, the POA would be considered not active at that moment, which could be interpreted “invalid“ through miscommunication. And would explain why they keep trying to talk to your mom about things instead of you.
Helpful Answer (8)
Reply to Rumbletown
Report
ML4038 Jul 26, 2024
I have a durable Healthcare POA and all HIPPA forms list me. Mom asked them to please communicate with me as she felt unable to make good decisions with all the pain killers making her very loopy. I asked to speak to the hospital administrator and they are now complying. Mom and I have an appointment with the hospital patient advocate today as well.
(4)
Report
I do not know how to solve this. This apparent collective stupidity. But I sympathise & used a swear word out loud for you.
Helpful Answer (7)
Reply to Beatty
Report
ML4038 Jul 26, 2024
Thank you for the smile! I had a few inside my head while dealing with it. Was careful not to let them out loud.
I asked to speak with the hospital administrator and they are now complying. Took a few days. We have a meeting scheduled with the patient advocate as well and her PCP has put in a referral for her to be transferred to another hospital with a hip specialist. Hoping for the best.
(7)
Report
ML4038, when your Mom went into the hospital she had to sign a HIPAA form where she writes down who can have access to her medical information. I am wondering if your Mom didn't put your name on the form. Without your name on that form, the hospital has a right not to communicate with you.


HIPAA means The Health Insurance Portability and Accountability Act of 1996. Which has to do with privacy.
Helpful Answer (6)
Reply to freqflyer
Report

My mother had to have her POAs recorded at the local courthouse, and they each have a stamp on the upper right hand corner with the date and time. They are now accessible online through the courthouse website. There is a small fee for recording, but they cannot say I don't have an "OFFICIAL" copy, meaning I could have forged one in front of a dirty notary. She took a copy from her attorney to the courthouse herself to record it.
Helpful Answer (6)
Reply to cynthiaturner37
Report
MACinCT Jul 30, 2024
My state has certification also. It is too bad that our attorney across state lines did not advise us correctly but all we have to do is bring them to local probate ourselvrs
(0)
Report
See 1 more reply
You have to use language that they understand. Explain calmly that if they want to get paid, you are the only one that can pay the bill. And the only one that can hire them. Unless you approve they are giving free services.
Helpful Answer (6)
Reply to Deanes
Report

See All Answers
Ask a Question
Subscribe to
Our Newsletter