My client has a Family POA and my client is refusing to go to a nursing home! She makes all her own Decisions on her day to day Activities and makes all her decisions on her financial matters. She had appointed a family member POA about 6 weeks ago and she is now regretting it. She is feeling forced to go to a nursing home and sell her condo! This POA also contacted APS on me! And just found out that a private investigator was also hired to investigate me!! Which the investigator dropped his case due to no wrong on my part and clean background! I need help in protecting me in my job as a caregiver. My client also is taking action to resolve her POA in corrected action.

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Thank you for all your responses it did help me my client did ended up revoking her POA unfortunately due to health reasons she was admitted to a nursing home but this nursing home turned out to be the worst for her and she ended up in the hospital where she is now presently homeless because she does not want to return to that nursing home that she was placed in as for me it hurts for me to see her in the hospital homeless.
I am no longer working for her as her caregivers, however I have been helping her as a friend with her finding placement in looking for another nursing home. and moral support!
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If you are an inhome care giver be very careful NEVER to get involved with any financial stuff, and to make no comments/give no advice whatsoever to the client you are working for. Refer them to an Elder Law Attorney and do not specify a specific one. Families get the crazies very easily and nothing arouses crazy like MONEY. So keep clear of money issues and tell the client quite honestly that you cannot, due to your job, EVER comment on money issues, that they should speak with family or a lawyer.
Number two: Keep a composition book diary in PEN; do not ever tear out pages for neatness, but in the case of a mistake cross it out and initial. Keep this in your handwriting DAILY no matter who you are caring for or where you work. Quote as nearly as you an what someone says to you and what you respond. These are GOLD in court should you EVER end up there. Absolute gold to a judge and jury and lawyer.
Thirdly: Consider getting yourself bonded. The problem isn't getting sued and whether you would win or not, the problem is having money for the lawyers.
Wishing you the best of luck. Be CAREFUL. Things can come back to bite you in the butt years and years later in ways you cannot imagine. Example:
As an RN we had to give enemas to clear the night before certain bowel surgeries and we of course had to chart results. Once, YEARS after a surgery I was called in by lawyers and my hospital. I was told a man had complications and death after surgery and they claimed that he was not "clear" and there was contamination due to that. I was asked if I remembered him. I did not. I was asked if I gave him enemas and said I could not remember that when I couldn't even remember HIM. I asked them what I had charted, and I had fully charted result, and clear,etc. I told them "If I charted it I will swear on the stand that is what happened, and would take a lie detector test that if I charted it it happened". That was pretty much the end of the case. When someone sues they sue EVERYONE. Doctor, nurses, hospitals, etc. They look for the deepest pockets. Suits have changed a lot now as lawyers don't find them lucrative enough with new laws in the USA about amount patients can recover for malpractice. But once legal system enters it can be a world of pain.
You are a caregiver. Stick to what you are trained to do. Chart thoroughly. Keep a diary. And the VERY best of luck, as this is great work!
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GardenArtist Aug 2019
Alva, good advice to chart like medical personnel do.
Amoser, may I ask what shift do you work for your client? Why I am asking is that if you are working the day shift, and family is doing the night shift, your client could be doing what is called "sundowning" which is a form of dementia.

I remember when my Dad was living in "Independent Living" in senior facility, the Staff said it was time for Dad to move over to their Assisted Living/Memory Care. That took me by total surprise. Turned out at night Dad started to wander as his mind was back in the 1940's.

It sounds like you enjoy working for your client, but it sounds like the family dynamics are at a stage where the family is in a quandary about their Mom. This is their first rodeo, so it won't be easy.

Thank goodness the APS dropped the case. Still baffling why the family even called. Who knows what their Mom is saying if she is starting to get dementia, folks with dementia can do some convincing stories about things that never happened.
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Your client can change her POA anytime if she is competent. What were you reported to APS for? When APS becomes involved the department themselves performs an investigation. If nothing is found they close the investigation. It may not have been a private investigator.

As long as your client is considered competent she has the legal right to make the decision on where she wants to live.

With all that has occurred in the past six weeks, why would you want to protect this job? Check on elder law attorneys in your area. Request a free consultation and see what they have to tell you about the situation.
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