It seems very unlikely, justifiable only if there are serious adverse effects from contact. The first step is to go to the management of the Hospice team and try to sort out the problem that must have happened. Then the Ombudsman.
Being executor only comes into effect after death, so it has no meaning in this situation.
In a situation in which a patient is dying and a family member's behavior/interference is causing extreme agitation, pain and/or danger to the patient, I could see Hospice being justified in that action.
Say your loved one is on Hospice and is deemed in need of meds to calm/ease pain and the POA is trying to physically stop administration.
Or the POA is mentally ill and ranting to the hospice patient that he's going to go to Hell.
Or the POA is simply stubborn and wants things done HER way, but not in a way that is medically and legally safe i.e., using physical restraints, giving a patent medicine or killing and burning small animals to propitiate the gods.
this particular question does not pertain to my husband but to a dear friend of mine whose mother passed in 2016 and had a DPOA and was also her guardian. it is my opinion that the charges filed against him are insane. and i was asking on his behalf. he is getting the life sucked right out of him and did nothing wrong in making sure all bills were paid,food in home,and always made sure she was fed bathed and taken care of. long story short his girlfriend at this time was also living there and taking care of his mom and realized she wasnt putting his moms needs before her own and kicked her to the curb. she got angry and retaliated and turned his world upside down and now after almost 3 yrs and myself reading the 1000 +pg APS report where it states from her own mouth that she made the allegation because she was angry and hurt that he made her leave after living together for 7yrs. how can somebody do that to another human being?
Jewels, would you like to say what is happening? It sounds as though you are going through a frightening crisis, I wonder if we can help?
To answer this particular question: if the hospice service believes that it is in their client's best interest for the caregiver to be kept away from him, then yes they certainly can apply for a court order and if their reasons are sound the order will be granted, DPOA/FPOA or no.
sure I would but this question does not pertain to me or my husband but to a dear friend of mine whose mother passed in Oct of 2016. after an altercation with his girlfriend of 7yrs about her not doing what she was supposed to and not caring for his mother in the way she needed, he threw her out. she got angry and out of spite called APS and made a fabricated report. all things in report she made were all the things she was or was not doing to care for his mom correctly. the mother has 3 children 2 boys and a girl. the brother and sister wanted nothing to do with taking care of their own mother but told the other brother he could have the house when she passed for solely being her caregiver. she the girlfriend turned his her now ex life upside down. lss he was arrested soon after his mother passed and is still fighting the courts on a 1st degree domestic violence theft of 170,019 for the house that his mothers lawyer put in his name long before she passed. a lot more but the rest would be an invasion of his personal and private life beyond me asking a question whether or not it was legal for hospice do what they did without fact finding first. plus 2 RNs came in every week or two to change her cath and never once made or stated that there was any kind of abuse happening at anytime. arent the nurses mandaters and by law required to report any and all forms of abuse or suspected abuse? nothing ever was until the retaliation phone call.
Is this question concerning the care of your husband? Are you the POA?
Why would Hospice have to seek a restraining order. Are they doing something that the POA doesn't feel is right? We had one poster who asked that they not give her father so much morphine. She claimed he wasn't in pain so he really didn't need it. They refused to listen.
You have options. If you are not happy with his care, call the hospice supervisor. You can request different staff. You can change Hospice providers. But remember, they are the pros. Not saying they are perfect but they are there for the patient. His comfort is priority.
It probably has something to do with her attitude and stubbornness. Her profile says she is stubborn and refuses to accept help/advice when it comes to her husband’s dementia and violent behaviors. I suspect she’s not acting in her husband’s best interest.......
Disregard my previous post now you have cleared things up. Its always better to get to the point in first post because we all have to assume where the poster is coming from. Thanks for updating us.
This is what I get from the post. That ex GF reported your friend to APS. APS does an investigation. They find reasons for a restraining order. Why do u think Hospice had anything to do with it? All they do is report abuse, probably to APS. Their job is done. They have no authority to go to court for a restraining order but APS does.
I worked as a secretary for a Visiting Nurse Assoc. If we felt there was some abuse or a client was a danger to himself, it was reported to APS. From there APS did their investigation we as a facility did our part, done. Hospice is usually connected to a Homecare facility. All nurses with a Supervisor and a doctor. Their job is to care for a client, report any abuse to the authorities and that is where their responsibility ends. None of them have the ability to go to court for a restraining order but APS does.
I can't believe that all this took so long, especially if the person in question has passed. APS must have found something to carry it this far. Not really much that can be done. Hopefully friend has had a good lawyer from the beginning. Sorry to say, but bad things happen to good people. Lets hope when/if this gets to a Judge, he/she sees this for what it is. That if there was any abuse, it was on the exs part. But in the meantime your friend is going thru hell.
(her son)
In a situation in which a patient is dying and a family member's behavior/interference is causing extreme agitation, pain and/or danger to the patient, I could see Hospice being justified in that action.
Say your loved one is on Hospice and is deemed in need of meds to calm/ease pain and the POA is trying to physically stop administration.
Or the POA is mentally ill and ranting to the hospice patient that he's going to go to Hell.
Or the POA is simply stubborn and wants things done HER way, but not in a way that is medically and legally safe i.e., using physical restraints, giving a patent medicine or killing and burning small animals to propitiate the gods.
To answer this particular question: if the hospice service believes that it is in their client's best interest for the caregiver to be kept away from him, then yes they certainly can apply for a court order and if their reasons are sound the order will be granted, DPOA/FPOA or no.
Are you trying to get your husband to sign something? And the hospice staff are concerned that he is becoming distressed, or is not able to sign?
Why would Hospice have to seek a restraining order. Are they doing something that the POA doesn't feel is right? We had one poster who asked that they not give her father so much morphine. She claimed he wasn't in pain so he really didn't need it. They refused to listen.
You have options. If you are not happy with his care, call the hospice supervisor. You can request different staff. You can change Hospice providers. But remember, they are the pros. Not saying they are perfect but they are there for the patient. His comfort is priority.
This is what I get from the post. That ex GF reported your friend to APS. APS does an investigation. They find reasons for a restraining order. Why do u think Hospice had anything to do with it? All they do is report abuse, probably to APS. Their job is done. They have no authority to go to court for a restraining order but APS does.
I worked as a secretary for a Visiting Nurse Assoc. If we felt there was some abuse or a client was a danger to himself, it was reported to APS. From there APS did their investigation we as a facility did our part, done. Hospice is usually connected to a Homecare facility. All nurses with a Supervisor and a doctor. Their job is to care for a client, report any abuse to the authorities and that is where their responsibility ends. None of them have the ability to go to court for a restraining order but APS does.
I can't believe that all this took so long, especially if the person in question has passed. APS must have found something to carry it this far. Not really much that can be done. Hopefully friend has had a good lawyer from the beginning. Sorry to say, but bad things happen to good people. Lets hope when/if this gets to a Judge, he/she sees this for what it is. That if there was any abuse, it was on the exs part. But in the meantime your friend is going thru hell.