Let me give you some background information first regarding my father: my brother and I live in Pennsylvania and my father has been living in Florida with his girlfriend for the past 15 years.
My father has a history of falling and is suffering from some mild dementia. He was recently hospitalized after falling and fracturing his hip. Hip replacement surgery was performed and after two weeks he was transferred to a rehab facility for short term. The rehab facility is about a 30 minute drive from my father's house and his girlfriend doesn't drive. So she made a request to have him transferred to a closer rehab facility that she can get to. She then contacted my older brother seeking his approval of the transfer request. A week passed and his girlfriend asked his case worker if any progress has been made regarding his transfer request and she responding by saying,"I'm sorry, I forgot to put it in." His girlfriend informed me one day that the physical therapist came into his room and asked him if he "wanted" physical therapy.
Now, if you know my father is instinctive answer to any medical question regarding treatment is,"No". So his girlfriend caught wind of this and informed the PT and staff he isn't in full possession of his facilities and that he would always want PT and in the future to make sure she was present or contacted concerning any significant changes to his stay. Unfortunately, his girlfriend is very timid and not persistent as to getting her questions answered. So , the other day I was informed by her that the rehab facility put a legal document in front of him and asked(without his girlfriend present or contacting any of his family members) do you want to stay here? He responded in the affirmative and signed this document. Then she related to me that one of the documents he signed was to cancel his health care with Aetna and that his medicare will run out on August 2, 2018. His room in the facility was moved at this time. She did contact Aetna and they told her his insurance could not be canceled at this time. One of my questions is how can they request consent from my older brother regarding a rehab transfer request but not request his consent(or informing any of his family members) to what is perhaps the most live changing event in one's life? This seems not only unethical, but illegal and would not hold up in a court of law. I never filed for power of attorney and am wondering how this would impact the current situation. Do you think hiring an attorney is warranted or try and work this out with the rehab facility?