Family rights to information

[marcisy]

What is the name of your state (only U.S. law)? ILLINOIS
My father has dementia- much of the time he is aware of what's going on and responds appropriately, but it's advancing. His wife has Power of Attorney and she added HER son as a secondary without consulting with Dad's family. She rarely visits him in the nursing home and withholds all information from Dad's family. I visit him weekly from out-of-state and would like to be added in some capacity so the staff can share medical and behavioral information with me without fear of violating HIPAA restrictions. I do not believe Dad's wife would willingly alter the POA to include me and am reluctant to approach her with any requests.

Is there some type of document that I can prepare and he can sign to allow me this access?

 

[Florida Lawyer]

Has your father been determined incompetent? If not, then it is POSSIBLE that he could revoke his previous POA and authorize a new one including you on it. Also, you may look into a "Health Care Surrogate", if it is recognized in your state. He may also sign a medical release (HIPPA Release) authorizing you to receive information regarding his condition. However, based on your post it appears he may not be competent to do so, and any action of this nature could be challenged.

All of this is dependent upon your father's legal status as competent or not. If he has been deemed incompetent then there should be some form of legal guardianship in place. If this is the case then you can petition the court for a change in guardianship. Or if the guardian is someone other than your step-mother talk to them. You can ask the court to appoint a professional guardian or you can ask to be appointed as well.

If your father has not been determined incompetent, but you feel that he should be, you can petition the court for a competency determination and go through the process of having your father evaluated and guardianship appointed. This process could be costly and while the process is not overly difficult, you would need to consult legal counsel.

With the legal stuff said and out of the way....You really should address the situation with your step-mother. You say that you don't think she will change the POA, but you also said that you are "reluctant" to talk to her. You really need to speak with her and let her know how important it is for you to be kept in the loop with regard to your father's medical condition.

Be honest and sincere and if there are previous bad feelings put them aside to address this concern. If you are truly concerned about your father's condition then put aside what ever feelings you have toward your step-mother, be the bigger person and talk to her.

 

[marcisy]

Thanks for the suggestions. There have been no legal procedings as to Dad's competence, but the facility is suggesting he soon be moved to a sister location which is a dementia facility. I will look into the health care surrogate & HIPAA med release authorization for Dad's state. I appreciate your "do it for your dad" advice, but his wife is very manipulative and difficult and she has always looked after herself first and foremost to Dad's deficit. If I DO contact her, I need to know what to ask her to do. Just because she's got the POA, she can't direct the facility to speak openly with me, even if she agreed that it would be OK. So would we have to get a new POA adding me? Can we do that by mail if I get it notarized?

 

[seniorjudge]

So would we have to get a new POA adding me? Can we do that by mail if I get it notarized?

Who are you suggesting would give you a new POA?

 

[marcisy]

I don't know..... Can't I get a POA document, add my step-mother and myself, and submit it to Dad's Nursing Home?

 

[anteater]

Either you are not talking about a Power of Attorney or your understanding of them is way off. Which is why seniorjudge asked:

Who are you suggesting would give you a new POA?

Your father is the only one who can create a Power of Attorney, giving someone the authority to act on his behalf. From your description, your father may no longer have the required mental capacity to execute a POA.