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
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.
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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