I am first DPOA, my younger brother is second, and as the POA is written he has authority to execute care for elderly mom until I arrive, then his duties end. Mom changed her POA which my eldest brother knew he was no longer a POA, he moved mom to another facility violating moms express wishes of the POA but the worst part is the nursing home she was in let this happen without checking the DPOA on file. Has anyone been through this or have suggestions of recourse? Transporting mom was not only against the plan of care being arranged, but also she is recovering from a broken hip. She does have a bad UTI which is causing disorientation which is normal for people in her age group and with her other medications for pain. Currently, she isn't eating or drinking well either. She has an IV for fluids and necessary medication and nutrients. Can I hold the nursing home responsible for releasing her, not for monetary reasons but due to violations? They also openly provide medical data to anyone and everyone against the ones who have set the record straight for who can get information on her test results etc.

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Am curious what reason your brother gives for moving her? Your poor mom...
Helpful Answer (0)
Reply to Geaton777

I am uncertain what it is you want to do now? Are you wanting to move your Mom? With the proper POA being presented you should be able to do this.
If your brother maintained an old POA in his possession and presented it, there is no way the nursing home could have known he was not the legal POA; they do not go to courts checking on these things. It is your brother, who knowingly did this. And I doubt there is any recourse against him, monetarily of punishment wise. He will likely just claim he DIDN'T know he was not the POA. So I think you will waste a lot of time with all that.
Violation of HIPPA is another thing. You can report the home for this. You may want to contact an ombudsman to guide you forward. You will otherwise have to find out where in your State to report violations of HIPPA and will have to be very specific, with all the proof of violation you can provide them.
The real question now is that it is looking as though Mom remains very ill. You need a plan of moving her and care moving forward. Wishing you luck. POA is not an easy job at all.
Helpful Answer (1)
Reply to AlvaDeer
thingsarecrazy8 Sep 11, 2019
It is worse than that, the brother told the staff he was me committed fraud. The center when approached by this has now implemented an ID verification system as they claim this is not something that has happened before. There was no POA presented that is different or older. Now the game changes.
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