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  #1  
Old 10-19-2009, 06:03 PM
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Join Date: Oct 2009
Posts: 7

Healthcare SOL?


In Hawaii
I was deemed mentally incapacitated post back surgerey. With no prior mental health history the hospital (which I had been transferred to) diagnosed me with Alzhiemer's Dementia and the OPG was brought in. No availibe family members to defend me (it gets involved) I was transferred to an adult foster care home where I was mentally and physically abused. It was 10 months (after hospitilization) and I got my memory back. Took me 3 months to get out of the "alleged abusive" caregiver's grip. I reported the abuse to the OPG and the case management agency that employed the "caregiver" and nothing has been done as far as mandatory reporting. I am getting (attempting) to get my rights back and the OPG is not cooperating (so many things would come to light). I was 55 when this started in March of 2008 and physically diasbled (in a wheel-chair) and my concern is how can I progress with any suits until I am deemed compitent again? There is alot of damage (with no oral care all my lower teeth have to have root canals and be capped) Oh, there's more. I have done the neuropsych testing (6 hours) and it is agreed that I was in an extended delirium state that resulted in a 10 month amnestic state (rare). There is an assessment beginning at the start of the hospitilization that pertains to rule out delirium and then they went the dementia route. The irony of all of this is I am a psychiatric R.N. I have been abused and I am not going to let this go. I have an attorney with HDRC (Hawaii Disability Rights Center), but it's been 6 months. I asked the HDRC lawyer about a restraining order against the "alleged caregiver" and was told they only do case by case and it had nothing to do with her case. Since I am moving in the community of caregivers I am very concerned about having to see this person without a bodyguard. Extremely complicated case. I want my legal rights back; I want my teeth back. I posted a blogger under "Crawling Back from Amnesia" that explains a little bit more. Anyone know anything or anyone who has regained their legal rights back after having them taken up by the OPG? What about the SOL regarding some of this? O-kay everyone be nice. Thank-you.
  #2  
Old 10-19-2009, 07:15 PM
lya lya is offline
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Join Date: Jun 2007
Posts: 1,105
Talk about being between a rock and a hard place!

You need someone to have your power of attorney; but, you can't appoint one 'cause you're "not competent".

Is there a family member, close friend, or minister that could step forward and ask to be appointed as your legal representative?

The only other suggestion I have is to, ahem, contact your US Senator, hopefully one with a real US birth certificate.
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  #3  
Old 10-19-2009, 07:53 PM
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Join Date: Oct 2009
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Thank-you for responding. "I" have capacity (according to the neuropsychologist I recently saw and did the 6 hr cognitive skills testing). I don't need/want power of anything or executor. I am attempting to get "my" civil rights back. Thank-you
  #4  
Old 10-19-2009, 08:06 PM
lya lya is offline
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Join Date: Jun 2007
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Maybe I should have been more specific.

Someone other than you may be better able to intervene and put a stop to the problems you are having--not because you are not competent but because you don't have your 'rights' back, yet.
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  #5  
Old 10-24-2009, 07:17 PM
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Join Date: Oct 2009
Posts: 7
I got my answer by reading ecmst12 replies to other people. Wouldn't it be nice to have other people help me when it is them whom fight for my rights not to be re-instated. For them to help me they would only implicate themselves. I reported the abuse to the OPG and the case management agency and nothing was done This is why I go on this forum for advice. I have no family to help. I now make my own appts. and attempt to fix some of the damage. I have run out of money and believe the people (them) should be responsible for it. I am an R.N.,B.S.N. and know all too well what they "should" have done. According to my calculations I have 1 more year to file suit. Thank-you lya, I truly appreciate your response.
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