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My sister guardian of Mom who has Alzheimer's lives in same town. I live far away. Mom in asst living.just moved to new facility did not tell me. Sister older always hateful to me. Uses Moms money for her daughter who stole from her for years. Sister did not speak to parents 5 yrs once. now fabricates stuff about my husband . Finally Got phone number from sister -can not get to talk with Mom goes straight to v mail. Talked to facility - how I got to talk with sister. What rights do I have to know Mom's condition and talk with her.

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While it's possible you are not allowed to talk to your Mom via guardian's instructions, it could be Mom no longer remembers who you are. It happens. You can, in the mean time, send your Mom a cheerful card on a weekly basis and include pictures of you and your family with names on each person. Generally staff won't mess with the U.S. mail. Staff can advise you if you are on the permitted visitor list or not. Go see her, unexpectedly, if you have visitation privileges. Get the name of the staff member who told you that you do (or don't) have visitation privileges. If you don't, ask hateful Sis to change that. Can you get a church member or old neighbor (who have privileges) to go visit your Mom and give you a report? Go around, not through, when possible.
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A difficult situation indeed. If you call the facility, speak to staff and ask them to assist your mother in phoning you. They should be able to do this without violating HIPAA unless there is information in your mother's chart which would indicate she cannot have contact with you. See if you can verify your mother's phone number at this time. Explain that you are her daughter and have tried to contact your mother but she does not pick up her phone. Often times seniors may not be able to hear the phone, or get to the phone in time.

Is your mother's Healthcare POA activated? Meaning, have two MD's signed stating that she is incompetent?

If not, your mother is certainly able to make her own decisions as far as who she calls and who her medical information can be released to. If the POA is not activated, you do have a right to talk with your mom as long as she agrees to want to speak with you. I think your best bet is to work through the facility.
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You could try this:

1. Buy a bright, cheerful card for your mother. In it send her a loving message, write your phone number clearly, and ask her to call you.
2. Write a covering letter addressed to the staff at the facility. If possible, address it directly to her key worker, the named individual who has primary responsibility for her care. Ask that person to assist your mother with reading her card, and with making the phone call if your mother wishes to do that.

If that gets no response, then the probability is that your mother is unable to call you.

In terms of rights, you are kind of missing the point. It isn't a matter of your having rights, it's a matter of your mother having the right to see and speak to you if she wishes to and if she can. You don't say how long it is since you last visited or spoke to her - is it possible that she is no longer capable of contacting you, or of answering her phone?

I'm sorry for your difficult relationship with your sister, and I sympathise. However, your sister has nothing to gain by depriving your mother of a relationship with you so why would she do that? If she were really trying to prevent any inquisition into financial management, she could have been a good deal more obstructive than she has been.

The staff at the facility will need either your mother's permission or, if she has POA, your sister's permission to discuss your mother with you. It may seem to be taking things to extremes, but don't blame them: rules is rules.

Again, I sympathise with what it's like to have a very difficult, spiky relationship with an older sister. But if you really want to cut to the chase, here, you could call your sister and open your conversation with "Hi, I'm calling to ask how mother is." Having a definite first line in mind can help to calm the thumping heartbeat and sweaty anxiety while you're standing there waiting for her to answer her phone. Good luck, stick like glue to the subject of your mother in the here and now only, and let us know how you get on.
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When patients/residents are first admitted to a facility, they sign privacy/consent forms. If you or I go to the doctor or hospital we sign the forms at our first appointments. If unable to sign, the person who can legally sign is asked to sign. The facility - hospital, assisted living, doctor's offices all use similar forms. These forms are useful between providers, insurances, and those who actually pay the patient's bills. HIPA is supposed to restrict the flow of information only to those who need the information to perform their jobs - the doctor to diagnose and treat, the hospital or insurances to be paid. This has morphed into a more stringent practice to not discuss anything with anyone unknown to the provider. The patient/resident usually has to sign additional forms that specify who can talk to the provider about the patient's condition. In addition, the patient can list the name of anyone he/she either does or does not want to be able to call, visit, or even ask questions. If the patient doesn't want specific family involved, he/she needs to list the names. Anyone, legally designated as in-charge of the patient/resident's affairs has the authority to say who can or can not visit the patient. In order to get the facility to talk, either that patient, or the person legally in charge, has to sign off that it is OK. The family member legally in charge should be able to tell her sister if any signed authorization is on record for family members who call to speak with or about the patient/resident. HIPA stands for the Health Insurance Portability & Accountability Act. Pharmacies and insurers even use these type forms. All entities want to be protected, so everyone requires some version of these forms. Spouses even have trouble communicating with the other's providers in some situations because the couple makes the mistake of not telling providers it's OK to talk to the husband or wife. HIPA achieves much of it's purpose, but sometimes complicates the flow of information to families.
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What is HIPPA? All this letters look like alphabet soup to me. I know your problems are serious and I wish I could be of more help. I will probably be in the same shape before long. Or my kids will. I may be too far gone to know anything. At 82, who knows. Verna
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Doesn't HIPPA apply? She probably has to sign release forms - even for family to be able to call and ask how Mom is doing. If she has a guardian and is incompetent, your sister needs to tell the home to speak with you about Mom. If Mom is still able to use her own cell phone AND keeps it on her person that might solve much of this problem.
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Is your mother able to talk on a cell phone? Does she have one? If so, you could talk to her anytime. Check it out. Good Luck.
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You need to get in touch with your mom's Dept of Social Svcs. Court-appointed guardians are supervised. This seems to be a violation of something, but may need a 3rd party (like a judge or maybe just social worker checking in with your sister) to obtain your objective of talking with your mom.
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My problem, or one of the many I should say, is that male cousin is executor & POA for aunt & uncle. Of all their children he is least qualified & disinterested in making necessary decisions. He boasts about his "responsibilities" but does nothing but pass the buck. His sisters all kiss his rear because all eyes are on the "prize" when the time comes. I think it is a tragedy of the highest degree when people like him & your sister have positions of authority that adversely affects everyone around them. Hope a solution finds its way to you quickly. Sorry I have no advice.
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I am so sorry for this difficulty.

How did sister get to be guardian? There must have been a court hearing. Were you in favor of this? Did you explain your point of view? Do you have evidence that Sis is spending Mom's money for something other than Mom's care? That is a serious violation of her guardian role.

If your sister is truly a court-appointed guardian, she has control over who can visit with or talk to your mother.
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