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As I have posted in previous posts my father is in a rehab facility and my oldest brother is POA healthcare and finance. My brother withholds information from me and told me that he has all the power and he convinced the others to go against me. I have done everything for my father and mother when she was alive. He has done basically nothing in the last 15 years. Does the Healthcare POA have the right to do that? He tried to stop me from observing my Dad's PT today. He stood at the door and told me to not go in but I just ignored him and the PT said it was perfectly fine for me to be there. I fear for my father because I know my brother really does not care about him. I will try to revoke the POA but I need a doctor to say my father is competent. My father has had some confusion since he went into rehab (mostly evening) but for the most part he is well aware of everything. Once I able to get him to his internist i think I may be able to get him to say he is competent. I am afraid my brother will try and stop him for ever going back to that doctor. Once my Dad gets released from rehab I do not know where he is going. I have been there for my Dad and my Mom and did just about everything and now I fear what is going to happen to him. Does he have the right to put him wherever he wants and not allow him home ever again. Do I get any say so at all!!!!!! So far the rehab center does not recommend that he go to and Independent or Assisted living. I would rather he come home (if he gets stronger) than go to a Nursing Home

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When someone appoints their fiduciaries (power of attorney, health care surrogate, successor trustee, etc.) while they are legally competent to do so those fiduciaries (known as Agents) have the full legal authority to make decisions on behalf of the person who appointed them per the terms of the appointing documents. This means, for example, that if your dad's health care document says that your brother can act, as Agent, if and only if dad is incapacitated per the definition in the document, then dad gets to call the shots as long as he hasn't been found to be incapacitated by that definition. In other words, dad is presumed to have decision-making capacity unless he has been found otherwise per the terms of the appointing documents. Sometimes the documents require two physicians to declare incapacity in writing, sometimes only one, and sometimes, unfortunately, it is left vague. Power of attorney documents most often are "durable" and "non-springing". This means that they become effective immediately at signing and don't rely on a determination of incapacity. However, these documents generally only govern financial affairs, not health care or living situations. So, the first thing is to read (or have someone who knows what they are looking at do so) the appointing documents and then to determine whether your father has been adjudicated incapacitated per the definition in the documents. If, after that, you feel that something is amiss, you can contest the documents and/or your brother's actions through the courts. Obviously, this is disruptive and costly, so if you can find another solution to resolving the dispute that would be preferred.

Sheri
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I just went through something similar with regards to my husband. I was trying to get him to sign a POA over to me. The nursing home and the psychiatrist on staff got involved and informed me he didn't have the capacity to sign. After many stressful weeks I retained an Elder Care Attorney who informed me that the medical staff has no say in these matters. She accompanied me with her 2 witness' asked him pertinent questions, for example did he know what he was signing and why, among other things. She was satisfied that he knew what he was doing and I left with the POA in hand. The nursing home staff surrounded us arguing with my lawyer, she put them in their places and they scampered away.I was put through the most stressful few weeks of my life. I will never again enter a situation with "my pants down". Hire an attorney. Find one that will give you an hour consultation for free, there are still some of them left!
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There is some benefits to being an only child, no crazy siblings to deal with when your parent is elderly and disabled. I would seek out a good elder law attorney. If your father becomes more lucid and gets enough mobility to function at his home and that is his wish--it has to be followed. POA on heath care placement doesn't take away the elder's right to direct their care. Especially if he has the income and savings to make staying home an option, that is what your brother needs to make happen.

I had a durable POA and a health care directive for my 90+ father but I could not just do what I liked and ignore his desires. First it is immoral and second, my father had the right to revoke both of these directives with the help of a lawyer.

Some adult children get drunk with their so-called power over a parent they
had issues with during their upbringing. However, the adult child is not " in charge" if the parent choses to halt their involvement in their heath care or financial decisions.

Good luck, get some good legal advice and step up to make sure your father's wishes are enforced. If he is unable to come home with help, he will have to face that fact and decide what other arrangement he would want. It is the elder's life, not your brother's decision.
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Ktr, you say: "I fear for my father because I know my brother really does not care about him."

Why do you say that? How do you know that?

This is the reason I ask. You describe - very well, I can picture the scene clearly - how your brother tried to prevent you from entering the room where your father was having PT. But here's the thing. Why is a man who doesn't care at all about his father physically present in the rehab facility? What was your brother doing there?

Your parents gave your brother POA through their own choice. This is not something that your brother could have forced or persuaded them into. Your parents may have made a *bad* choice, one that isn't working out well; but still, it was their own free choice. They must have had a reason.

To answer your question, about whether a person with Healthcare POA has a right to withhold information: he may not only have a right to do that, depending on circumstances he may even have a duty to do it. It is a question of what is in your father's best interests, and whether your father is able to make his own decisions, and what your father's expressed wishes are.

Now, you seem very sure that what your father really wants is to revoke the POA he gave your brother, and give it to you instead. So what's stopping him? Your brother? If your father has the legal capacity to act on his own wishes, your brother can't stop him, and in the rehab facility there are plenty of people around for your father to seek help from.

Which leads to one more question: what took your father to rehab? What happened?
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I have almost the exact situation with a client....except for it is his mom, the POA's live out of the area and the local son takes care of mom. The kids actually told his mother she has no money and changed the locks on the house so the local son can't get in...he has things stored in her house too. I know some of the answers and look forward to hearing what other QUALIFIED people have to say before I voice what I have found.....unfortunately, if the POA document gives the kids (agents) the power to act on the parent's behalf, they can do it. Parent needs to be competent to revoke and change the current POA.
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That sucks about your brother. We never had POA from our mom when she was made ill by an incompetant doctor. The hospital made sure we never got her in a lucid state to sign papers because they could have been accused of malpractice. But it is SO incredibly important to have POA and if your dad knows what's going on between you and your brother, how about bringing papers to him so he can revoke your brother's status and sign POA over to you? There's got to be a doctor at the rehab facility who can check your dad to deem him competent. We tried to do that with our mom and we had one small chance that she was lucid enough and even had the attorney scheduled to stop by but the hospital sneaked her away for a procedure and after that we never had an opportunity to have her sign papers. I would also get an elder law attorney immediately to start working on your case. S/he might be able to get a court date to determine that your brother is slacking on his duties as a POA. I would document everything that he says/does, times/dates so that you have a paper trail. Bring a little calendar book with you next time you visit your dad so he won't be suspicious about what you are doing and write down on the day what he did, then expand on it once home. I would also transcribe any phone conversations with your brother as best as you can. I did that with my sister when she thought she could steal stuff from our mom's estate without repercussions. But get that attorney so that it's documented that there's something not right going on. I wish you well, you shouldn't have to deal with this while trying to care for your dad.
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If a parent needs to be evaluated by the primary physician and one other person, as designated in the PoA, I have been advised that papers should be signed within one week. PoA's have a fiduciary responsibility and should be transparent with at least one annual report to all siblings. I learned this when one of my siblings wanted certain things her way, including relocating my mom to a different state, but not in the best interest of my mom. Elder attorneys are overbooked where I am, and time may not be on your side. You need to be advised and move quickly.
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This is awful. I want to share my story. It has a different spin but you'll understand why I'm sharing it. My husband whom I have been separated from for 15 years ( high school.sweethearts) has just entered a nursing home at the age of 61. Due to the ravages of alcoholism. When I left with my 2 young sons, I left him the home we had worked so hard for with the intention of it going to our sons. Life went on, he met someone who moved in, I was hopeful things had changed for him. They hadn't. After many years she moved out. He has no one. He neglected his children so it's up to her and I. We have become a team working together to make sure he is getting the correct medical treatment and taking care of his affairs. It surprises everyone involved. The medical staff, the attorneys. We had never met or spoke to each other until this ocurred. We have now become close confidants, comforted by the fact that we can share this heavy burden. Take what you wish from my tale!
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Good luck with that,was your dad competent when he signed papers.? Who made him poa for both? As I found out from a attorney once your dad signs signs papers that just about buries him if you're lucky. Your brother ,as the attorney put it can do anything he wants even jumping thru hoops. He can actually call the police to keep you away. Yes that's what he said,so be as nice as you can and civil. The other option is getting guardianship thru the courts but that will cost you money and proof that he's neglecting your dad. That's where you need to talk to his dr. if brother hasn't already told them not tell anyone anything about your dads case. So talk to your dad when your brother is not around ask him if he signed those papers and if he's ok. So good luck.
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Kevin B. I'm dealing with a similar situation, too. However, I'm the sibling that changed locks, moved the parent, and is being 'accused' of excluding one sibling. I've found that chances are, if the entire family is being accused of 'turning against' one sibling there is a strong foundation for that turn. In my case it was tens of thousands of dollars 'borrowed' with no intention of repayment, violent anti-social behavior, use of the seniors debit card for personal expenses, letting the parent live in filth and dangerous conditions when that sibling was supposed to be the care giver. My only regret is that I didn't take control sooner. So, if your client says everyone has turned against them, I would first ask why? They can't be completely innocent. And why is a grown adult 'storing' their belongings in their parents home? Because most of those belongings were never purchased by the sibling but were probably 'gifts' from the parent. And because the sibling took so much of the parent's belongings there was no room left in their house for their own belongings.
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