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Garyngizmo2 Asked February 2019

The doctor at my father's assisted living facility does not want to adhere to my health care proxy. What should I do?

Please help. Thank you.

JoAnn29 Feb 2019
My POAs read that they went into effect when Mom was incompetent to make her own decisions.

Its also been discussed that some POAs are in effect at the time the person signs the paperwork. How does yours read?

If Dad has been found Dad can no longer make informed decisions than your POA is in effect. I would love to know why the doctor does not want to adhere to it. Do you have to use the ALs doctor. If not, Dad can use whatever doctor you want.

rovana Feb 2019
DPOA may not be in effect. And remember HIPPA requirements.  Dad has to specify that you can receive his medical info.

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Garyngizmo2 Feb 2019
Thank you all for your help... Yes, I am his health care proxy and the only one involved in his life. This should be honor by the facility and doctor and I should be informed before they make any healthcare decisions. I don't know how to exercise those rights without fear of reprisal
rovana Feb 2019
Unless DPOA is in effect and HIPPA includes you, they have no business to discuss healthcare decisions with you.
JoAnn29 Feb 2019
Like Willie has brought up, if Dad is confident to make his own decisions, then your healthcare proxy may not in effect. Dad may have to sign a HIPPA form saying its OK for you to be involved in his healthcare.

Is there anything in the AL contract saying you have to use their doctor? If not, you can take Dad to any doctor you want.

cwillie Feb 2019
Does your father have dementia? Since he is still living in an AL and you haven't picked dementia/alzheimer's as one of your topics I imagine the still has the capacity to make his own decisions, contrary to what you may feel is best - is that what this is about?

Grandma1954 Feb 2019
Can you request another doctor?
If the document you have giving you the power to make medical decisions for your father is a legal document the doctor has to abide by it.
If the doctor has not seen an actual copy of the document then he might have questions but if it is available for him/her to see there should not be a question.

This also might be a subject to take up with the director of the facility where your dad lives. I can not imagine you re the only one that has the legal right to make decisions for their loved one. If other family members have this problem with this doctor what are they doing about it. ( If you are the only one that is having this problem is it a discrimination issue?)
I hate to suggest spending more on a legal issue but a strongly worded letter to the facility and including the doctor might be in order.
rovana Feb 2019
It was not stated that dad was incompetent to make his own decisions. A POA or DPOA is NOT the same as guardianship. The wishes of a competent principal would trump any POA. As long as dad is competent, he directs the doctor who does what Dad wants - in this situation POA is irrelevant. Why do so many imagine that POA gives them control over others' decisions.  No wonder that people refuse to give POA to anyone.
Sunnygirl1 Feb 2019
I'd get a legal consult to ensure it's properly done.

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