| How can I challengs power of attorney?
What is the name of your state (only U.S. law)? Idaho
I have a client for whom I have acted as caregiver for over two years. He is 77 years old, and has a confirmed diagnosis of COPD with emphysema. His physical health is bad, he is mostly housebound. He is dependent for meal preparation, housekeeping, transportation to and from doctor appoinments. He can still dress himself, feed himself, walk about the house. Over the last few months, his memory has started to slip-- short-term memory is lost but not forever, a few hours or days later he will remember. He knows what he wants, can hold intelligent conversation, and aside from memory problems and minor confusion is of what I believe to be sound mind.
Recently I took him to a doctor's appointment, to discuss writing Hospice orders-- not because she believes he will die within the next year but because he needs more visitors. I go every day to his house, every once in a while I will arrange for another person to care for him so I can have a day off. For the last two years, I am the only person to be present on a consistent basis; he has friends from out of town who come once or twice a month, and neighbors who stop by periodically-- but it may be weeks and even months during which I am the only person to be there. He has a brother who lives in Boise; he is older than my client, has his own health problems, and goes to see my client maybe once every 2-3 months. This would bring anyone's spirits down, and I have noticed a decline in moods recently. I thought more company would cheer him up, but promised repeatedly that I was not leaving him, simply getting people in to visit. He agreed, as did his doctor.
His brother (who has power of attorney) was called, to inform him of the decision to bring in Hospice. My client repeatedly expressed a desire to start out slowly, that he didn't need additional care because I was his caregiver, and that he did not desire 24-hour companionship. He still likes his privacy, and is easily tired and overwhelmed by too much company. He would also like to know personally any person who comes into his house. In the next month, his brother hired 24-hour care, began delegating my jobs out from under me to the new caregivers, took away my client's ability to write checks or obtain cash from his own account, and gradually limited my time with my client; my client has (again) repeatedly expressed dissatisfaction with the arrangement, as well as his desire to remove power of attorney from his brother (because of the decisions he's making without regard my client's feelings). In the last week, his brother has changed my client's phone number, ordered that no one be let into my client's house without an appointment made with himself, and told me I could not have the new phone number (although other friends have been given the number). Upon being turned away from the door when I went to visit him yesterday, I called the brother. I was told I am not to contact my client or attempt to visit him-- upon the advice of his attorney??? (What does a person say to elicit that response from an attorney??) This person obviously does not have my client's best interests at heart. My client has repeatedly made it clear how close he and I have become. My entire family goes over to his house to visit, do chores, even do all the yardwork. On holidays, all of us go over with holiday food I prepare for my family, to make sure someone sees him on the holiday. My client's physical health is going downhill at a new, alarming rate, and his mental health is rapidly deteriorating. I have never seen or heard him sound this bad. I have tried to reason with his brother, telling him that it is making his brother sick and sad (he must think I am deserting him) and that I don't want to work for him or his brother, but that I want to continue a personal friendship with my client because we love each other and it is good for him.
Also, I have notified the POA in writing of several things his new caregivers were doing that were inconsistent with his needs, including the fact that if medications are left where he can find them, he may take one thinking he missed it earlier. I controlled this by simply keeping the pills where they weren't in easy sight. Since the new caregivers are there, I have seen his entire stock of pills, both still in bottles and in his dispensers, sitting out on the counter. He also has a diagnosis of diverticulosis, which demands a fairly strict adherence to diet, and I have had to remove foods that are not approved. The POA has done nothing about any of these concerns. Part of the reason POA wanted 24-hour care was to prevent falls, and my client fell and injured himself right in front of the caregiver (who is physically unable to move quickly due to her weight-- not a problem unless she is responsible for someone's well-being). I have read a note from a caregivers stating that there had been a discrepancy in his medications, including two of a certain pill when he normally takes one, and one of the meds simply wasn't in the dispenser. They have changed his medication routine, his sleeping/waking routine, and his meal schedule, all in the last month. If he misses just one of one of his medications, he can feel anything from sick with the flu to imminent death. The brother will not listen.
Can this person do this? He has employees present at my client's house 24 hours per day, who report to him when I am there or when I have called. I am frantic today, because I have not called him or seen him in two days, and I know he has no idea what's happened or why I'm leaving him. He's spoken with his brother repeatedly about this, but his brother does not care. I know my client would like to revoke the power of attorney (he's stated so several times now), but how do I go about helping him with this? I've called Adult Protection Services, and they said the POA can be revoked for any reason at any time, and that it does not give his brother license to keep me from seeing my client. But since he is housebound, with 'spies' present, I am unable to go to him and discuss it. I can't even call him on the phone to ask him who the attorney was that drew up the POA. It is killing me to think he is sad and bewildered by what can only seem to be abandonment... please help!!!What is the name of your state (only U.S. law)? |
09-03-2009, 04:59 PM
Linear Mode
