rights of nursing home residents

[janessa]

What is the name of your state? New York State:
When does a nursing home have the right to ban a visitor to a resident? This is the situation: A new patient, with Parkinson's disease has been admitted to a nursing home. The nursing home doctor had written a letter that this man is incompetent based upon the Parkinson's and dementia. The man has been informally separated from his wife for 15 yrs. A girl friend has come to visit, and the wife, who signed her husband in to the nursing home became anxious about the nature of the visit by the girl friend. The nursing home has banned this friend from visiting, despite the man's wishes. She is (truly) the only person in his life that provides him with friendship and emotional support. I am the man's banker, and came to visit him as the girlfriend said he had wanted to review his financial situation and provisions. My opinion is that this is all "about the money", however, I realize my opinion may be irrelevant, although I know the man and his situation fairly well as I have worked with him for about 7 years. And although I recognize him to be physically unable to care for himself, and he is slow to get his words out (a characteristic of Parkinson's), his mind is sharp. I feel this man's rights have been violated. Please advise. Thanks and blessings, Janessa.

 

[seniorjudge]

Q: When does a nursing home have the right to ban a visitor to a resident?

A: Generally, when a visitor upsets the resident OR the people paying the bill for the resident ask that a person be banned.

 

[violas]

Yes it sounds like the wife is afraid the girlfriend will get the money. Does the wife have POA? If the doctor has ruled him incompetent and the wife is his POA or legal guardian then it sounds like he is out of luck. What a sad situation. When I worked as a nurse at a nursing home we always had to abide by what the POA said in regards to visitors. Good luck.

 

[BlondiePB]

I am the man's banker, and came to visit him as the girlfriend said he had wanted to review his financial situation and provisions.

As a legal representative of others, here's some very important advice. Do not honor ANY request coming from this man's girlfriend as she is NOT the man's legal representative and has absolutely NO authority to request anything on behalf of him.

 

[janessa]

This is in response to comments by Blondiepb, viola, and senior judge: Thanks to each of you for your responses. This is the first time I've used the site, so I'm not sure I'm responding in the appropriate format.

No, I have not responded to any of the girlfriend's requests, other than the fact that she communicated to me that he wanted to see me to review his financial status, as he is not able to do so for himself, and no one else would have stepped up to do that for him. I appreciate the reminder, but am very clear on what I can and can't do for whom.

No, the wife does not have POA, and she is falsely representing her as his guardian to date. There is a court date this Wednesday for appointment of a guardian. I don't think it will be her, as she has recently filed for a separation - and that would be a conflict of interest.

In this case, it is the wife who is upsetting the client. I have had a long-standing financial relationship with the client, and I have a pretty good sense of what's going on, and who can be trusted and who cannot. It is not the wife, and all judgement aside about the resident and girlfriends relationship, it is the resident and the girlfriend who truly have a loving relationship. The girlfriend has never done anything that would indicate one iota of interest in his money, actually quite the contrary. But, I suppose that's irrelevant to what we're talking about here. And, the nursing home has an interest in keeping him there. It is the worst NH in the city, and this man has expressed his desire to go to another facility. The NH would much rather have a full-pay resident than a medicaid resident. Without going into a lot of detail, it is quite apparent that both the wife and the nursing home are looking out for their best interests, versus the resident's.

It is very sad. We're talking about the rest of this man's life. The wife and family do not want to have him moved to another nursing home, as this would cost $2000- $3000 more a month, and of course that would deplete what they might stand to receive after all is said and done.

Despite my efforts to convince this man to put a power of attorney in place, or a will , he would not do so. He does not trust any member of his family, to include his children, and from what I've seen, I would agree. I've met and talked to his wife on a number of ocassions, as well as one of the daughters and son. Suffice to say, they are "all about the money", and have played games to try to get at it.

I've contacted our legal area, and the bank of course, is not going to do anything that would jeopardize the man's situation from a financial perspective, however, that doesn't do a thing about his rights to make choices for himself, or to support the proving of his mental competency, nor can the bank support his emotional needs, which include the right to have visitors of his choice. The one letter to date regarding his competency (or lack therein) was written by the nursing home's doctor. He has no other doctor in the US, as he'd been living with his friend in Mexico until such time as his medical condition warranted him to come back to NY.

Thanks for your responses. Thanks for listening.

 

[BlondiePB]

This is in response to comments by Blondiepb, viola, and senior judge: Thanks to each of you for your responses. This is the first time I've used the site, so I'm not sure I'm responding in the appropriate format.

No, I have not responded to any of the girlfriend's requests, other than the fact that she communicated to me that he wanted to see me to review his financial status, as he is not able to do so for himself, and no one else would have stepped up to do that for him. I appreciate the reminder, but am very clear on what I can and can't do for whom.

No, the wife does not have POA, and she is falsely representing her as his guardian to date. There is a court date this Wednesday for appointment of a guardian. I don't think it will be her, as she has recently filed for a separation - and that would be a conflict of interest.

In this case, it is the wife who is upsetting the client. I have had a long-standing financial relationship with the client, and I have a pretty good sense of what's going on, and who can be trusted and who cannot. It is not the wife, and all judgement aside about the resident and girlfriends relationship, it is the resident and the girlfriend who truly have a loving relationship. The girlfriend has never done anything that would indicate one iota of interest in his money, actually quite the contrary. But, I suppose that's irrelevant to what we're talking about here. And, the nursing home has an interest in keeping him there. It is the worst NH in the city, and this man has expressed his desire to go to another facility. The NH would much rather have a full-pay resident than a medicaid resident. Without going into a lot of detail, it is quite apparent that both the wife and the nursing home are looking out for their best interests, versus the resident's.

It is very sad. We're talking about the rest of this man's life. The wife and family do not want to have him moved to another nursing home, as this would cost $2000- $3000 more a month, and of course that would deplete what they might stand to receive after all is said and done.

Despite my efforts to convince this man to put a power of attorney in place, or a will , he would not do so. He does not trust any member of his family, to include his children, and from what I've seen, I would agree. I've met and talked to his wife on a number of ocassions, as well as one of the daughters and son. Suffice to say, they are "all about the money", and have played games to try to get at it.

I've contacted our legal area, and the bank of course, is not going to do anything that would jeopardize the man's situation from a financial perspective, however, that doesn't do a thing about his rights to make choices for himself, or to support the proving of his mental competency, nor can the bank support his emotional needs, which include the right to have visitors of his choice. The one letter to date regarding his competency (or lack therein) was written by the nursing home's doctor. He has no other doctor in the US, as he'd been living with his friend in Mexico until such time as his medical condition warranted him to come back to NY.

Thanks for your responses. Thanks for listening.

Ditto for the estranged wife. It will be up to the guardian where this man is housed and no one else. Since you're looking out for this man's money, ask your legal department if his account(s) can be "flagged" until the guardian closes the account(s), except for direct withdrawals.