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URaFraud Asked September 2016

How can I get the neurologist to release Father's findings?

With medical POA on HIPPA list neurologist seeks attorney before releasing his findings on my father's mental capacity. I have POA and on listed on HIPPA forms for all his doctors. My dads mental capacity has been on the decline for sometime. His general practitioner informed me my father was diagnosed nearly a year ago with the signs of mild dementia and sent to a neurologist. In the past 4 months my 82 year old father married his girlfriend of 15+ years and has changed his trust several times all to the considerable benefit of his new wife. After a discussion with my father's GP he set up another appointment with my dad's neurologist. I've spoken to the neurologist but he won't release any of his findings. He said he had to speak to his attorney for legal advice before releasing them. That was 3 weeks ago. We are all very concerned about my father's menal capacity recently as his "new" wife continues fleecing him. How can I get the neurologist to release his findings?

Countrymouse Sep 2016
You can't actually do that on AC, I don't think - "like" your own comments. Try it.

Do you always respond like this to legitimate challenges? I wouldn't try that. Not in court, anyway. Not if you can help it.

Countrymouse Sep 2016
At what point did you become aware of your father's plans to marry his girlfriend? Because either you had doubts about his competence then, in which case you ought to have challenged the marriage; or you didn't, in which case it is remarkable that all of a sudden you have now.

I'm so sorry you find it insulting, but if you think I'm the only person who's going to question your motives you are in for a shock. And, by the way, affluent people are by no means immune to avarice and vindictiveness - as I'm sure an experienced judge will know only too well.

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pamstegma Sep 2016
Immediately see a lawyer and seek Guardianship if you think Dad is incompetent. Only a Judge can declare competency or incompetency.
I agree with others who suggest your father may have revoked your POA and HIPAA access. He probably also executed a new Will. You NEED a lawyer.

Countrymouse Sep 2016
Um. Just looking at the timeline, there. Your father met his now wife fifteen years ago. Your father's GP referred your father to a neurologist one year ago. Your father married his girlfriend four months ago, but you didn't oppose the marriage on the grounds of his incompetence, did you? Since then he seems to have set about making provision for his wife's future security; and *now* you're concerned about his mental capacity.

You do see why people who've been closely involved in his medical care might wonder about your motives, and start behaving with additional circumspection?

To the outside observer, it is not irrational for a man in a 15+ year relationship to give thought to how to protect the woman he has loved for that long. Rather overdue, indeed, one might think. Marrying her is one way; reorganising his assets would be another. Is she fleecing him? Because I hate to say this, but it really does look more like you're concerned that she's "fleecing" you.

cwillie Sep 2016
With all due respect, how do you know your POA is still in force? If your father wrote a new one you might not have been told.

URaFraud Sep 2016
My POA is fully intact. The doctor is reputable with 30 years experience. His failure to release medical records would only bring litigation and potentially be liable for failure to do so. Without question my father's dementia is getting worse and I need to know if he is still competent and aware of what he is doing.

cwillie Sep 2016
I imagine your father removed his permission for you to receive information, it is probable he replaced you as POA as well. The neurologist doesn't want to be caught in the middle of a messy legal dispute, get your own legal counsel and ask them how to proceed, you may need to duke it out in the courts.

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