I have a friend 83 years old who in the last 6 months got really ill. At this time he is in a nursing home ,and got so much worse that he does not speak. I been visiting him for months but recently I was told that the POA (recently selected) would like no visitors . I am not able to check on his health even with the doctor that knows me because of the POA. I also found out that the POA have changed beneficiary to be the POA person. My friend is not getting the medical care he can afford . He has fallen few times. He is being tied to bed and nurses don't come for hours . The nursing home is of a poor quality and I know that all the POA is waiting for is for him to die.
I'm so sorry for your loss.
While the health care proxy is the one who makes the health care decisions, the person who holds the power of attorney is the one who needs to pay for the health care. If the two agents disagree, it can spell trouble. For example, suppose your health care agent decides that you need 24-hour care at home, but your power of attorney thinks a nursing home is the best option and refuses to pay for the at-home care. Any disagreements would have to be settled by a court, taking time and draining your family’s resources in the process.
The concept of the durable power of attorney was created in 1969 when the National Conference of Commissioners on Uniform State Laws promulgated the Uniform Probate Code (U.P.C. § 5–501). Ten years later, the provisions of the code dealing with the durable power of attorney were modified and published as the Uniform Durable Power of Attorney Act (UDPA). All fifty states recognize some version of the durable power of attorney, having adopted either the UDPA or the Uniform Probate Code, or some variation of them. Versions of the durable power of attorney vary from state to state. Certain powers cannot be delegated, including the powers to make, amend, or revoke a will, change insurance beneficiaries, contract a marriage, and vote.
If the family member(s) have requested 'no visitation' there may be little you can do....BUT again it is not in the realm of the POA authority. The POA had to file with the county a copy of that document, therefore you -under the FOIA- may request viewing that document, which will show what powers have be granted.
The subject of 'tying to the bed', is a practice used when an individual is out of control and other restraining, behavioral modifications -ie. Medicines- have proven ineffective. Such practice was used on occasion with FIL, because of his wandering and violent tendencies; but NOT as regular practice, which according to your statement is not the case.
The changing of " POA have changed beneficiary to be the POA person." Unless the the court has deemed your friend incompetent AND a Guardianship/Custodianship was granted, I don't believe that holds water and could be challenged in a court of law.
You have failed to mention also if there are other family members of your friend. If there are others, then you may plead your case to them.
Also, go to www.ltcombudsman.org and type in the Zip code of the home. You'll then find the contact who represents patients in the home. This ombudsman should be able to have this whole place looked into.
Thank you for caring so much,
Carol