treehuggeratl
Junior Member
What is the name of your state (only U.S. law)? NC
My brother and I jointly hold medical POA for our father.
My brother took charge of Dad's medical care some time ago and moved him from his physician of some 23 years to a physician with close personal ties with my brother. He insists that the physician has examined Dad and found him to be clear of any mental problems. Meanwhile, Dad has been showing signs of growing dementia, to the degree that it's often evident to those who have random, casual contact with him. My brother encourages Dad to drive, is pushing him to make some significant real estate transfers, and fills him with fears and mistrust of those who acknowledge his memory loss, especially if they suggest he should receive professional help. (They're "out to get you"). Also, at this point, Dad is making decisions regarding the care of our terminally ill mother, and his understanding of that care is rudimentary at best.
Question 1.
Can I insist that my Dad be examined by an independent physician, preferably one with expertise in elder medicine or memory loss? I'm certain that Dad would not accept such an examination unless forced, and my brother would undoubtedly raise a fuss.
Question 2.
What would my liability be if Dad were to have an accident and harm someone in his current state? The director of the facility caring for Mom says that if I know Dad needs help and I don't get it, I can be held liable, even if there was resistance from my Dad and brother to getting that help. I think the facility is concerned for their other patients & families, as Dad has been found wandering in other patients' rooms, etc.
Thanks!
My brother and I jointly hold medical POA for our father.
My brother took charge of Dad's medical care some time ago and moved him from his physician of some 23 years to a physician with close personal ties with my brother. He insists that the physician has examined Dad and found him to be clear of any mental problems. Meanwhile, Dad has been showing signs of growing dementia, to the degree that it's often evident to those who have random, casual contact with him. My brother encourages Dad to drive, is pushing him to make some significant real estate transfers, and fills him with fears and mistrust of those who acknowledge his memory loss, especially if they suggest he should receive professional help. (They're "out to get you"). Also, at this point, Dad is making decisions regarding the care of our terminally ill mother, and his understanding of that care is rudimentary at best.
Question 1.
Can I insist that my Dad be examined by an independent physician, preferably one with expertise in elder medicine or memory loss? I'm certain that Dad would not accept such an examination unless forced, and my brother would undoubtedly raise a fuss.
Question 2.
What would my liability be if Dad were to have an accident and harm someone in his current state? The director of the facility caring for Mom says that if I know Dad needs help and I don't get it, I can be held liable, even if there was resistance from my Dad and brother to getting that help. I think the facility is concerned for their other patients & families, as Dad has been found wandering in other patients' rooms, etc.
Thanks!