Massive stroke

[tdcorona09]

What is the name of your state (only U.S. law)? Indiana
My mother went to Er by ambulance 11-21. Unresponsive. Rigid. Couldn't walk. Sit up or talk. Face frowned. When I got to the Er they did a ct scan which showed nothing because it was too early. I asked for an MRI and was told they cannot do them on sat nights and was believed to be seratonin syndrome. Fast forward long story short I threw a fit Monday and demanded an MRI. Revealed, massing stroke affecting both sides of brain. Fast forward again she's stable but cannot move, talk or communicate much other than sticking out her tongue and rubbing together her lips. They want her out of the hospital by Monday. My issue with that is she has insurance but will only cover a very select few not so good nursing homes. I need to apply for Medicaid and Medicare for her to get to a decent rehab center. I do not have power of attorney and cannot figure out a way to get it since she cannot communicate. They also will not release her medical records to me even though she is a widow and I am her only living child.

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana
My mother went to Er by ambulance 11-21. Unresponsive. Rigid. Couldn't walk. Sit up or talk. Face frowned. When I got to the Er they did a ct scan which showed nothing because it was too early. I asked for an MRI and was told they cannot do them on sat nights and was believed to be seratonin syndrome. Fast forward long story short I threw a fit Monday and demanded an MRI. Revealed, massing stroke affecting both sides of brain. Fast forward again she's stable but cannot move, talk or communicate much other than sticking out her tongue and rubbing together her lips. They want her out of the hospital by Monday. My issue with that is she has insurance but will only cover a very select few not so good nursing homes. I need to apply for Medicaid and Medicare for her to get to a decent rehab center. I do not have power of attorney and cannot figure out a way to get it since she cannot communicate. They also will not release her medical records to me even though she is a widow and I am her only living child.

I am sorry for what you are dealing with. I am unequipped to advise you on this issue. I hope that someone else will come along shortly who can give you better advice.

 

[tdcorona09]

I am sorry for what you are dealing with. I am unequipped to advise you on this issue. I hope that someone else will come along shortly who can give you better advice.

Thanks I feeling like I am getting the run around so much. Which is the last thing I need right now.

 

[maria53]

What is the name of your state (only U.S. law)? Indiana
My mother went to Er by ambulance 11-21. Unresponsive. Rigid. Couldn't walk. Sit up or talk. Face frowned. When I got to the Er they did a ct scan which showed nothing because it was too early. I asked for an MRI and was told they cannot do them on sat nights and was believed to be seratonin syndrome. Fast forward long story short I threw a fit Monday and demanded an MRI. Revealed, massing stroke affecting both sides of brain. Fast forward again she's stable but cannot move, talk or communicate much other than sticking out her tongue and rubbing together her lips. They want her out of the hospital by Monday. My issue with that is she has insurance but will only cover a very select few not so good nursing homes. I need to apply for Medicaid and Medicare for her to get to a decent rehab center. I do not have power of attorney and cannot figure out a way to get it since she cannot communicate. They also will not release her medical records to me even though she is a widow and I am her only living child.

I'm also not an expert in this, but you may need to get a lawyer for this so you can get power of attorney. She may need to be declared incompetent and you will need an attorney or try legal aid. You should also ask if the hospital has a social worker, they often do and can be helpful. At least they can refer you to other local resources. We got a lot of guidance this way when my father was sick. You can also try churches and the hospital should have a list of pastors. You don't have to belong to their churches to get help, they often will help regardless. Sorry for your troubles and hopefully others will have more specific advice. Meanwhile, don't take it upon yourself to move her anywhere. If they want her out and they won't help you in any way, they are responsible for moving her. You aren't legally responsible for any medical costs (although you might feel morally obligated).

 

[cbg]

Agree on doing whatever it takes to get yourself appointed as her POA. Legally they CANNOT release her records to you until you have that. It's not that they won't - it's that the law does not permit them to.

 

[Silverplum]

From here, on page 2: http://www.in.gov/isdh/files/advanceddirectives.pdf

WHAT HAPPENS IF YOU DO NOT HAVE AN ADVANCE DIRECTIVE?
If you do not have an advance directive and are unable to choose medical care or treatment, Indiana law decides who can do this for you. Indiana Code § 16-36 allows any member of your immediate family (meaning your spouse, parent, adult child, brother, or sister) or a person appointed by a court to make the choice for you. If you cannot communicate and do not have an advance directive, your physician will try to contact a member of your immediate family. Your health care choices will be made by the family member that your physician is able to contact.

 

[quincy]

What is the name of your state (only U.S. law)? Indiana
My mother went to Er by ambulance 11-21. Unresponsive. Rigid. Couldn't walk. Sit up or talk. Face frowned. When I got to the Er they did a ct scan which showed nothing because it was too early. I asked for an MRI and was told they cannot do them on sat nights and was believed to be seratonin syndrome. Fast forward long story short I threw a fit Monday and demanded an MRI. Revealed, massing stroke affecting both sides of brain. Fast forward again she's stable but cannot move, talk or communicate much other than sticking out her tongue and rubbing together her lips. They want her out of the hospital by Monday. My issue with that is she has insurance but will only cover a very select few not so good nursing homes. I need to apply for Medicaid and Medicare for her to get to a decent rehab center. I do not have power of attorney and cannot figure out a way to get it since she cannot communicate. They also will not release her medical records to me even though she is a widow and I am her only living child.

I am sorry to hear that your mother had a massive stroke. How old is she?

If your mother did not sign a durable power of attorney in advance of her stroke, it appears that she might be unable to do so now. Your mother needs to be able to fully understand what she is signing for a power of attorney to be valid.

What you will need instead, in order to handle your mother's affairs and have access to her medical records, is to have a court appoint you as your mother's guardian (or conservator). This is not exactly an easy process so you would be smart to consult with an elder care attorney in your area for assistance. You might also have the attorney you see review the facts of your mother's admission to the ER, to see if an earlier MRI could have led to a different outcome for your mother.

Here is a link to some general information for you to read through on guardianship of incapacitated or disabled persons:

http://www.nolo.com/legal-encyclopedia/conservatorships-adult-guardianships-30063.html

Again, I am sorry to hear of your mother's stroke. I wish her, and you, the best in the days and months to come.

 

[Proserpina]

The same here; I can't give you any advice but I can send you some good wishes and a measure of peace.