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Administrator at assisted living says they don't need to include me regarding medical issues. I am activated POA for sister with a brain injury. They say they only need to ask her.

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That sounds fairly ridiculous. I have had my mother in 2 different AL facilities. I was always consulted about medical issues. The current one calls me about the smallest medical issue or addition or change of medication. I can't imagine their position since your sister has a brain issue which has to affect cognitive issues. I would demand a meeting to address this situation. If you cannot deal with it in a satisfactory manner you could call an administrator that oversees the facility.
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JoAnn29 Feb 2019
I agree, something fishy here. I may just have a lawyer write a letter saying the POA besides financial s also Medically active and you have every right to be involved in Sister's care.

Now this is an Assisted living not a LTC facility? I ask, because you have every right to have you own doctor.
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Is sis on Medicaid?

Is she in assisted living? Nursing home?

Has guardianship been obtained by someone?
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Is she competent to speak for herself?
(If she is then she could still ask that you be included in all medical discussions)
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She gets confused and answers their questions with "I'm fine" when they ask her about any problems she's having. She had a UTI & I asked them to get an order for lab work to check. They didn't do it because she said "I'm fine". She's very weak now & won't get up or dressed.
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I would get a doctor to say that with her injury that your POA is in effect. If they still don't honor ur POA then go to the lawyer and have him write a letter saying that your POA is now in effect with backup from a Dr. If they continue to override you, find another AL.

If she is weak, then you call an ambulance if they won't. She has rights she is not in a prison. Who is they? The aides. You need to talk to the RN. If she refuses, call then call the ambulance.
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The POA is activated. The administrator said they only have to communicate with the patient. Can't find any printed info on Wisconsin.gov regarding this. Just hoping someone would give me an idea where to look next. Thanks!
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JoAnn29 Feb 2019
See my latest response. In NJ, I had no problems with my POA. It read it came into effect at time Mom was found incompetent. Only one place asked for an update from a lawyer and that was Prudential concerning some shares. It wasn't important at the time, so I dropped it.
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In an AL you are a resident not a patient. Just like renting an apartment only you have people to assist you when you need it. You are allowed to come and go as you wish (as long as there is no Dementia). If your sister is confident. Have her sign a HIPPA paper saying you have a right to speak for her and be involved with her care. Or, type up a form of your own and have sister sign it in front of witnesses. If she is mobile, get it notarized at your bank.
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What does APOA stand for? I know POA, but I cannot find a definition for the "A".

Here POA is only for financial dealings. You need a Representative Agreement, or what is commonly referred to as a Medical POA to be involved in healthcare decisions.

They are two very different documents.

Which do you have?
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APOA stands for activated power of attorney for medical (& financial.) She is in assisted living. Yes, she is on Medicare disability & Medicaid. I had to sign her into the assisted living facility as her POA. But now they say they are in charge of her medical issues.
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Tothill Feb 2019
Thank you for clarifying Barb.

An Activated POA means that she is not capable of making sound decisions. It seems really strange that the facility is ignoring your POA.

I could see that they do not have to contact you about every sniffle, but to not arrange for labs when your sister has an infection seems negligent, if that is part of the care they are supposed to provide.
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In Illinois there are two different POA types. Power of attorney for financial and power of attorney for healthcare. These can both be assigned to the same person or assigned to two different people. Has your sister been found mentally incompetent? I am 55 and my husband 61 and we have both. However, they aren't activated because we are of sound mind. He had a traumatic brain injury and for a few months last year i had to make his decisions. Now he has recovered and (thanks to god) makes his own again. So it can go back and forth depending on the patient's/resident's condition. It sounds like you could call an ombudsmen or the health department or a department on aging. Different states call them different things but they all oversee quality of care. Every facility has a bulletin board somewhere near the enterance. It will post phone numbers to contact the proper agency's when there is a problem or suspected problem with care. Call them and they will help you by doing an investigation. This won't cost you and if there is a problem with your sisters care and residents rights you can bet there are other violations there. Good luck.
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