Grandfather in hospice needs therapy ; nephew has POA and is refusing to reason.

[Laurenmike415]

What is the name of your state (only U.S. law)? California. My grandfather recently suffered some pretty awful health setbacks. He had sepsis, the flu and a UTI and collapsed so was put on a ventilator. He was in ICU for about 4 days, 2 of them on the vent. He started breathing on his own, recovered from all the infections as well as the flu but was weak so went to a feeding tube and couldn't speak. His sister and nephew (who have POA) decided to rush things along and put him into hospice care without giving him a chance to recover from the ventilator intrusion and the doctors/nurses rushed the situation as well basically saying "well he can't swallow, so that's that". I have been seeing him almost everyday, while in the meantime he has regained his speech as well as can put down thickened fluids and soft foods (he still coughs a lot, but I believe it's because his body needs time to heal). My grandmother went through a very similar situation 5 years ago and although in a nursing home is happy and doing well. I don't believe my grandfather should be in hospice care, he needs therapy to get better, but his sister and nephew (who haven't seen him since sending him into hospice care) have simply just given up and will not talk to anybody or change their minds. I don't know what to do, I am so torn up about this and my grandpa has a bit of cognitive impairment and doesn't remember anything he went through. He isn't terminally ill or in a vegetative state, so is there anything that can be done so he can have his rights back?

 

[justalayman]

He hasn't lost his rights. He can request therapy himself.

The medical providers he is seeing now can speak to you if your grandfather permits it.

If he is mentally incapacitated you can go to court and seek a guardianship.

 

[LdiJ]

What is the name of your state (only U.S. law)? California. My grandfather recently suffered some pretty awful health setbacks. He had sepsis, the flu and a UTI and collapsed so was put on a ventilator. He was in ICU for about 4 days, 2 of them on the vent. He started breathing on his own, recovered from all the infections as well as the flu but was weak so went to a feeding tube and couldn't speak. His sister and nephew (who have POA) decided to rush things along and put him into hospice care without giving him a chance to recover from the ventilator intrusion and the doctors/nurses rushed the situation as well basically saying "well he can't swallow, so that's that". I have been seeing him almost everyday, while in the meantime he has regained his speech as well as can put down thickened fluids and soft foods (he still coughs a lot, but I believe it's because his body needs time to heal). My grandmother went through a very similar situation 5 years ago and although in a nursing home is happy and doing well. I don't believe my grandfather should be in hospice care, he needs therapy to get better, but his sister and nephew (who haven't seen him since sending him into hospice care) have simply just given up and will not talk to anybody or change their minds. I don't know what to do, I am so torn up about this and my grandpa has a bit of cognitive impairment and doesn't remember anything he went through. He isn't terminally ill or in a vegetative state, so is there anything that can be done so he can have his rights back?

You can go to court and request to be made your grandfather's guardian on the basis that the people who hold his POA are denying him necessary medical care. If the judge rules in your favor then your guardianship would override the POA and you would be in control. Do understand that guardianship of an elderly person who is beginning to have cognitive issues can be very difficult and emotionally draining, so make sure its really what you want to do before you make the attempt.

You also need to be sure that you are being realistic about his medical prognosis. How long has it been since he was taken off the ventilator? Has it been days, weeks, months? If days, then its encouraging that he can take thickened fluids and soft foods. If its been weeks or months then he may not ever graduate beyond thickened fluids and soft foods.

 

[Laurenmike415]

He has only been off the vent for a little over a week and is already eating a little and drinking thickened liquids. He had some issues with dementia before all these events, but is still capable of general communication. So, if he requests therapy, they have to give this to him at the care facility?

 

[LdiJ]

He has only been off the vent for a little over a week and is already eating a little and drinking thickened liquids. He had some issues with dementia before all these events, but is still capable of general communication. So, if he requests therapy, they have to give this to him at the care facility?

It really depends on the level of his dementia. He would have to more than just communicate, he would have to know what he is communicating about.

 

[Laurenmike415]

Well the problem is is that without getting proper sustenance, I am worried that his cognitive problems will worsen. Before this dilemma, he was fully capable of communicating thoroughly and only had slight momentary lapses with him memory. The nurses at the care facility have even commented that they can understand him much better than when he first arrived (mind you this has only been within the span of one-one and a half weeks) so I truly feel that with time, therapy and proper medication he can improve immensely. I feel he is being denied these things by the ones that hold the POA. Shouldn't that be considered elder abuse? I have nothing to gain from this except wanting to see my grandfather live out the rest of his days with a fighting chance along side my grandmother(she is also in a nursing facility). Right now, I feel like he is being denied every opportunity to move in that direction and if possible I will do everything I can to help.

 

[justalayman]

Then I suggest you move with the utmost expediency, hire an attorney, and get this in front of a court as an emergency action.