Elder mediation is a more inclusive process and a better alternative to pressing the litigation button. Elder mediation is a nascent field. I am one, but there are others whose names can be obtained from ADRIO (Alternative Dispute Resolution Institute of Ontario). Darlene MADOTT
There's reason, whether you like it or not, that Mom picked the sibling she did to be DPOA. While Mom can make decisions, however, she is the one who should be making those choices, NOT the DPOA. I am the DPOA and one of two of the POA's(financial) for our mother. She is no longer able to make decisions for herself but when she was still able, I had to stand up for her to make sure her wishes were noted First and foremost. Siblings sometimes wanted to push her to other decisions, but I had the right, thankfully, to stop and remind everyone that the ultimate decision was still Mom's.
Is it visiting that's the issue or knowing medically what's going on? If mom is competent, have her sign a HIPAA form with your name on it so you have access. Bring the nursing staff goodies and find out the best time to call once a week, after shift change. You won't have the right to direct treatment, but you can find out what's going on. What are mom's medical issues?
You should get your own lawyer and pay them to work out visitation rights. If you can't afford this, contact Legal Aid. since your efforts thus far have failed, the only option is to step it up a notch which means lawyers (who love siblings who fight, the more they don't get along the more money they make).
You can have your mom sign a HIPAA form for each of you and them you can each talk to the facility about her health. As a family, we find it more efficient to have one of us do the communicating about medical issues with the facility. Then that person communicates results and options to the rest of the siblings. If there is a disagreement over treatment, we sit down over coffee and struggle through it.
We've had one real disagreement, about whether to have a pacemaker done. We ended up presenting the issue to mom, who wanted it. But I guess there has to be some trust among the siblings for this sort of approach to work.
Under HIPPA, it's not the DPOA imposing the restriction, but federal law. Patients are given total privacy protection, the facility cannot disclose anything unless you have written health care proxy. The facility is not going to stop you from seeing her unless you are disruptive or upsetting to the patient or there is a risk you will take her AWOL. They will impose a restriction based on their own observations of patient-visitor interactions, or by court order, or by written request by the DPOA.
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We've had one real disagreement, about whether to have a pacemaker done. We ended up presenting the issue to mom, who wanted it. But I guess there has to be some trust among the siblings for this sort of approach to work.
Patients are given total privacy protection, the facility cannot disclose anything unless you have written health care proxy.
The facility is not going to stop you from seeing her unless you are disruptive or upsetting to the patient or there is a risk you will take her AWOL.
They will impose a restriction based on their own observations of patient-visitor interactions, or by court order, or by written request by the DPOA.