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In California, my brother has both medical and financial POA of our father. Our father is in an assisted living facility and ever since he moved into the facility, his health has declined exponentiallly and looks like a completely different person. Assisted Living is not the appropriate level of care for our father and he is failing to thrive. My brother refuses to give me any information regarding our father's health, what type of care he is receiving, and those types of things. Do I have any legal rights to this informaiton? Does my brother, as POA have a duty to share this information with me? My father cannot walk and requires assistance with everything. The assisted living facility has a ratio of one caregiver to twelve residents. My father is in bed all day and literally looks like he is going to die. Since this is an assisted living they just don't have the ability to give my father the level of care that he requires. As a child of the principal, does my brother as Power Of Attorney have a duty to give me the information that I request regarding our fathers health condition, care that he is receiving and those types of things? I would really appreciate any suggestions or adivce that I can get. Thank you very much!

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Amy, you are welcome.

POA has a responsibility to the principle only.

Have you seen your dad recently? I ask because things can change quickly.

Your brother can say all he wants, doesn't mean it's right. I would find a mobile notary, have the form ready, they will ask dad if he understands what he is signing, he will need to be able to say what it is, it is not a yes or no answer, maybe have one of his caregivers there to witness that he knew he was giving you a form that let you get information about his medical condition.

This HIPPA form only allows you to get information, it doesn't allow you to intervene in any way.

What ever the hostilities are, do try and support your brother in this journey. It might be the situation that restores peace. As long as you don't try to under cut his authority or criticize his actions. Believe me it is not easy for him and anything you say that isn't supportive will cause fireworks. This has to be about dad and you helping your brother help him.

Forgiveness in these difficult situations helps everyone play a little nicer. I found the first apology to be the hardest, after that it is liberating to ask people to forgive us when we step on toes or offend them.
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Is your dad able to sign a HIPAA release for you?

If yes, find one online that doesn't expire, anything a doctor or hospital or facility provides expires in one year.

If your dad never told you about his health then your brother has every right to not inform you, most POAs specify that you will handle the business according to the wishes and in the best interest of the person you hold POA for. He could get in trouble for telling people what is happening. I know you're his daughter and it is screwy in some situations but the POAs are intended to protect people that can't protect themselves.

Being the POA for a parent that has health issues is very stressful, have you acknowledged that your brother is in a tough situation and you believe he is doing his very best? Sometimes when we come across as judgmental and imply the POA is not taking care of our LO we shut doors.

I would try being a team player helping my brother help dad instead of focusing on dad's failure to thrive, this might get you the information. It might also give your brother the allie he probably needs in this difficult time. He may very well be doing his very best and doesn't know what to do next, it is not an enviable position to be appointed POA for our parents.
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AmyB2572 Feb 9, 2019
Hello,

Wow, thank you so very much for your response. I appreciate your suggestions very much. I think I really needed to hear(read) advice from this perspective. Although I don't think that our father has been officially deemed as not being of sound mind, my brother is representing our father as such, so even if my father would sign a HIPPA release I'm sure that my brother will say that it is not valid. Our situtation is very hostile so I am not sure if I my brother would be willing to even speak with me. I will definitley try reaching out. I understand that I would need a HIPPA release for the facility to give me healthcare information, but do you know if a POA has a duty at all to the children of a principal? Thank you again so much for your wonderful advice and suggestions.

Amy
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