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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 510
Experience:  Attorney with 13 years experience.
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Not sure if this is correct category But here goes. My

Customer Question

Not sure if this is correct category But here goes. My mother was picked up by ambulance about 6pm on 02/26 We do not know where the ambulance took her. We have called every hospital we can find and no one shows her as a patient or even being there. The police and sheriff offices both tell me they do not know. The police did say that she was picked up by Medstar for a psych issue. which is very possible with her medical history. She is in very bad health and we cannot find her anywhere. I did call one hospital that is strictly a mental hospital but they told me if she was there they would not tell me. How can these people just take my mother and vanish. Who is responsible here?
Submitted: 11 months ago.
Category: Family Law
Expert:  mmdesq replied 11 months ago.

Good Morning,

I will try to best answer your question.

I'm sorry to hear about this situation and it is definitely bizarre. Since your mother is an adult and protected by HIPAA, medical providers will not release information. I'm going to assume that you do not have a power of attorney for your mother. If you did especially with a medical provision within it you could demand the information and they would have to provide it to you once you show that you are her power of attorney with medical authorization powers.

Absent having a power of attorney your next step would be to file for guardianship of your mother in the county court where she was residing. Your allegations and basis for the guardianship petition would be that she is medically and mentally unable to provide for her care and in order to assist her a guardian should be appointed over her person.

I would also recommend trying to determine who her general physician was and contacting that office for any and all information. If you have access to her house or apartment perhaps you can search her belongings for information regarding doctors. I would check her medicine cabinet look for any prescriptions that would have doctors names on it.

I hope this information is helpful and I wish you the best of luck trying to solve this problem and find your mother.

Customer: replied 11 months ago.

I was finally able to contact the ambulance that picked her up and they did confirm the time that they picked her up and the hospital emergency room they delivered her too. I contacted the Hospital again with the information from the ambulance and hospital tells me she was never checked in to ER. So we called police and police have been looking and calling the past few hours and have finally decided to file a missing person report. They believe that she walked out of the ER before she was checked in.

Expert:  mmdesq replied 11 months ago.

Im glad you found a missing persons report. The only other saying I think you could pursue is a guardianship.

Customer: replied 11 months ago.

can you refer me to the Hipa law that the hospital would use to not release information.

Expert:  mmdesq replied 11 months ago.

HIPAA Privacy Rules can be found at www.hhs.gov

Customer: replied 11 months ago.

How would I get guardianship

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