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A male friend, 60 yrs old, had a stroke, no power of attorney,

 
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Customer Question

A male friend, 60 yrs old, had a stroke, no power of attorney, now his family stepped in and got power of attorney, he can not talk, but can say yes, no to questions and can walk. I am a friend, I was his emergency contact with the hospital and doctor stuff. The family has stopped all visits except family. Question is can we as his friends do something to be able to see him and make sure that he is not being taken advantage of. He has had little to no contact with his family of his own choice and I do know that this is not what he would want as he has many friends and is very social. He is here in Ottawa General hospital.

 

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Submitted: 1221 days and 4 hours ago.
Category: Canada Law
Value: $27
Status: CLOSED
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Expert:  Debra Thal replied 1221 days and 4 hours ago.

When you say they got POA how did they do that and how do you know this is what they did and when did they do this?

I need to figure out exactly what they've done before I can answer.

Why has the family denied visitors?

Customer replied 1221 days and 3 hours ago.

from what I have been told is that the daughter was given the POA (she is living in BC) and faxed the social worker at the hospital the instructions that no visitors except family are allowed. No reason given, just that she does not like us is what I can figure? So the hospital has refused entry to anyone except his family?

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Expert:  Debra Thal replied 1221 days and 3 hours ago.

Are you saying she was given the POA before his stroke?

Is there family in Ontario?

Customer replied 1221 days and 3 hours ago.

no, he had a stroke and because he had no POA prior, she sought it after his stroke. Yes he has brothers and sisters in Ontario, here in Ottawa and they are the ones that have decided to put no visitors. Does he not have rights to have his friends there, especially since I was down as his emerency contact, and then there is the friend that saved his life that can not go see him. He had give her a personal house key and had given her the use of his car as she was his driver and the family refused to accept that he trusted her or even me.

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Expert:  Debra Thal replied 1221 days and 3 hours ago.

This isn't all adding up.

Firstly, yes the hospital can deny you the right to visit him. If there is a POA the person who holds the POA can make decisions just as if they were made by your friend and your friend could say he doesn't want visitors.

But, the reason I've been puzzled is that the daughter could not have obtained a POA after the stroke.

Now, it could be that he did provide her with one before.

At this point he is not competent to provide her with a POA and certainly didn't do so over the phone.

If there was no POA the only legal step to take would be to apply to Court.

The daughter in BC didn't do that. She would have to do so in Ontario.

If you are concerned about potential abuse, either in terms of his treatment or dealing with his finances there are a few things you can do.

You can apply to Court to be his guardian. This is complicated and could be expensive. You would need a lawyer to assist you and you would first have to have him declared incompetent.

His family would oppose you.

If you want to do this then what you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-900-565-4LRS (4577)

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx

Another thing you can do is contact the Office of the Public Guardian and Trustee and explain the facts and say you suspect abuse.

Here's a link to their website:

http://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/


As well, you can consider calling the Advocacy Centre for the Elderly and they may have some suggestions or advice. Here's their website:

http://www.advocacycentreelderly.org/

I hope that helps as a starting point.

Customer replied 1221 days and 3 hours ago.

Thank you. XXXXX still have to pay you the 27 USD?

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Expert:  Debra Thal replied 1221 days and 3 hours ago.

The money is in your account with the site right now.

I don't get paid by the site until you click accept.

At that point my portion gets transferred to me and the site gets their portion and then you account is empty.

Thanks

 
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