I took my dad to the ER for emergency blood transfusion. I am my dad's caregiver. How can they take away my rights and make my brother his in house medical decicion maker? I was kept from talking or seeing him. I complained to hospital regading who made these changes and why I haven't seen him since or know his whereabouts. He no longer is in the hospital. If I want info call my brother. He is not giving me a response, but find myself an attorney. He was not allowed any contact by phone or visit. Due to my brothers request, I'm thinking no one will answer any of my questions or complants at the hospital or law enforcement. How can they do this? Is it legal? Going on week 2. Help please. Family members relocated him to San Diego, who gave the consent to do this?
Could someone change POA without consent of the POA? How do I get a translation of POA living trust papers?
1) in need of translation of POA living trust papers Asked 3 min ago by mypopscaretaker
2) HELP pls Asked 5 min ago by mypopscaretaker
3) could some one change POA with out consent of POA Asked 15 min ago by mypopscaretaker
Slow down, wait for an answer. Add all the details on one of your questions.
I understand you are concerned.
It is late on the West Coast of the USA. There will be people to answer you at least in the morning, early on the East Coast and from the UK, Canada, Australia, etc.
HELP pls Asked 5 min ago by mypopscaretaker
could some one change POA with out consent of POA Asked 15 min ago by mypopscaretaker
Trying to sort this out and be of help to you, "mypopscaretaker".
Be patient, pick just one question to post all the details. Please give more information on what happened, when.
First, is Dad competent to make his own decisions? If so, then unless ur POA is immediate, it not in effect. He can do whatever he wants. He can revoke ur POA and assign someone else.
If he has been declared incompetent then your POA is in effect. Did you tell the admitting nurse that u held Dads POA? Did u ask the SW how Dad could be released to your brother when you were Dads Caregiver and POA?
If your father is judged competent to make his own decisions, then yes, he can change his POA any time he wishes. A POA is conferred on someone by someone else. They can remove it at any time they want to. The person who acts as POA is acting as a legal Fiduciary, meaning they are responsible, if they pay bills for this person, to keep meticulous records of all assets, of all expenditures in and out.
If you were POA and the hospital had your documents then they would either explain to you that you are no longer the POA, but your brother is, or they would have communicated with you.
Given that you are no longer able to communicate with either brother or dad you are looking at either a kidnapping, or at the wish of your father to withdraw POA from you and confer it upon his son, your brother.
I would ask to speak to the brother (send a letter) and tell him if you do not hear from him for a week you will attend a lawyer.
If you are financial POA your father's assets can pay for your hour with an elder law attorney. He may have advice on how you should proceed to see if you are no longer POA, and if this change was legally done by a "competent" father and his attorney, or not.
Do know, if this becomes a fight for guardianship of an incompetent elder it can run into 10s of thousands of dollars in cost, and unless you WIN, your father's estate will NOT be paying that; you will.
If your brother has kidnapped your father, consider opening a case with APS in your area.