Can a power of attorney for her Mother give consent so her Mother can have sex with her boyfriend at the Memory Care unit?

[quincy]

Because your “work friend” informed you of the bruises, your work friend should also inform authorities of the bruises.

It is important to know that elderly people often bruise easily and not all bruises are the result of abuse. A simple bump can result in a major bruise.

 

[cbg]

Please have your friend provide a link to the law that prohibits a person with dementia from having sex.

 

[Zigner]

The OP is required by law to report the suspected abuse (§415.1034(a)5, Florida Statutes).

 

[Zigner]

Please have your friend provide a link to the law that prohibits a person with dementia from having sex.

If the person is unable to give consent due to the dementia, then sex with the person would be unlawful.

 

[quincy]

The OP is required by law to report the suspected abuse (§415.1034(a)5, Florida Statutes).

It would be the work friend who has direct knowledge of the bruises who would need to report the suspected abuse. Violas has no firsthand knowledge - although she is free to report suspicions.

 

[cbg]

Yes - IF. That's a really big word.

 

[Zigner]

It would be the work friend who has direct knowledge of the bruises who would need to report the suspected abuse. Violas has no firsthand knowledge - although she is free to report suspicions.

The statute is VERY broad:

(a) Any person, including, but not limited to, any:

1. Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, paramedic, emergency medical technician, or hospital personnel engaged in the admission, examination, care, or treatment of vulnerable adults;
2. Health professional or mental health professional other than one listed in subparagraph 1.;
3. Practitioner who relies solely on spiritual means for healing;
4. Nursing home staff; assisted living facility staff; adult day care center staff; adult family-care home staff; social worker; or other professional adult care, residential, or institutional staff;
5. State, county, or municipal criminal justice employee or law enforcement officer;
6. Employee of the Department of Business and Professional Regulation conducting inspections of public lodging establishments under s. 509.032;
7. Florida advocacy council or Disability Rights Florida member or a representative of the State Long-Term Care Ombudsman Program; or
8. Bank, savings and loan, or credit union officer, trustee, or employee,

who knows, or has reasonable cause to suspect, that a vulnerable adult has been or is being abused, neglected, or exploited shall immediately report such knowledge or suspicion to the central abuse hotline.

The OP has said in prior thread(s) that she has witnessed "neglect". She should have reported it by now.

 

[quincy]

The statute is VERY broad:

(a) Any person, including, but not limited to, any:

1. Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, paramedic, emergency medical technician, or hospital personnel engaged in the admission, examination, care, or treatment of vulnerable adults;
2. Health professional or mental health professional other than one listed in subparagraph 1.;
3. Practitioner who relies solely on spiritual means for healing;
4. Nursing home staff; assisted living facility staff; adult day care center staff; adult family-care home staff; social worker; or other professional adult care, residential, or institutional staff;
5. State, county, or municipal criminal justice employee or law enforcement officer;
6. Employee of the Department of Business and Professional Regulation conducting inspections of public lodging establishments under s. 509.032;
7. Florida advocacy council or Disability Rights Florida member or a representative of the State Long-Term Care Ombudsman Program; or
8. Bank, savings and loan, or credit union officer, trustee, or employee,

who knows, or has reasonable cause to suspect, that a vulnerable adult has been or is being abused, neglected, or exploited shall immediately report such knowledge or suspicion to the central abuse hotline.

The OP has said in prior thread(s) that she has witnessed "neglect". She should have reported it by now.

I agree that violas should be reporting any abuse of which she is aware or any suspected abuse.

Her work friend is the one who should have already reported any unusual bruises. The bruised woman apparently is under her care and she is the one with direct knowledge.

I don’t quite understand violas’ reluctance in the past to report her suspicions.

 

[cbg]

I don’t quite understand violas’ reluctance in the past to report her suspicions.

My impression of violas based on this and other threads, and she is free to report me if she doesn't like it but this is my honest opinion, is that she needs to be the one in charge. She needs to be the one that gets to say what other people can do. If she reports the alleged abuse, she is no longer in control of the situation, but by not reporting it, she can hold it over people's heads. She can continue to be the one that decides what her mother can do in her private capacity (we have as yet seen no evidence that the mother is being exploited or for that matter that the alleged dementia has reached the point where she is unable to make an informed choice.)

 

[quincy]

My impression of violas based on this and other threads, and she is free to report me if she doesn't like it but this is my honest opinion, is that she needs to be the one in charge. She needs to be the one that gets to say what other people can do. If she reports the alleged abuse, she is no longer in control of the situation, but by not reporting it, she can hold it over people's heads. She can continue to be the one that decides what her mother can do in her private capacity (we have as yet seen no evidence that the mother is being exploited or for that matter that the alleged dementia has reached the point where she is unable to make an informed choice.)

I am seeing instead someone who thrives on drama and may see abuse and neglect where none in reality exists.

I have a hard time understanding why violas would not simply report any suspected abuse or neglect to authorities otherwise - unless perhaps there is a fear of “crying wolf” too many times.

 

[cbg]

I don't think our two views are mutually exclusive.

 

[quincy]

I don't think our two views are mutually exclusive.

Maybe not.

 

[violas]

You believe that the residents of the home are being abused/neglected and do nothing...that makes you as bad as the abusers.

https://forum.freeadvice.com/threads/caregivers-are-not-taking-care-of-the-patients-too-busy-on-their-cell-phones.658432/#post-3681597

The person who is sick at home-ME and who has observed "absolutely nothing"-ME is the one who should report it? I have a better idea. How about the ones who actually saw the bruises:?" How about the ones who heard her say she was no longer "consenting"??? It might have a lot more credibility coming from an employee who was actually at the scene and who actually witnessed these events.

 

[Zigner]

The person who is sick at home-ME and who has observed "absolutely nothing"-ME is the one who should report it? I have a better idea. How about the ones who actually saw the bruises:?" How about the ones who heard her say she was no longer "consenting"??? It might have a lot more credibility coming from an employee who was actually at the scene and who actually witnessed these events.

There are prior incidents that you have observed (per your other thread). Have you reported those incidents?

 

[quincy]

The person who is sick at home-ME and who has observed "absolutely nothing"-ME is the one who should report it? I have a better idea. How about the ones who actually saw the bruises:?" How about the ones who heard her say she was no longer "consenting"??? It might have a lot more credibility coming from an employee who was actually at the scene and who actually witnessed these events.

You are right that the person who saw the bruises and suspects they are the result of abuse should report it. You noted earlier, though, that your coworker is “credible.” You can/should relay this credible report of abuse to authorities, as well.

The goal should be to prevent further abuse or neglect.