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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99983
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My dad is in the hospital at the moment for a different kind

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My dad is in the hospital at the moment for a different kind of pneumonia along with a bed sore that didn't heal from the nursing facility. Many of his wounds have come from the nursing facility because of lack of attention and treatment. Most likely these are in his charts. I am his daughter so I do not have the legal authority to ask for his information but my mother does. She is not very cooperative and neither has she been involved with much of his care. I'm asking on his behalf. What can we do about the facility that has accepted his medicare money without giving him proper care or what he needed while in the home. My husband, brother, and I have witnessed him sitting in his own urine that smelled like old urine. His condition is a little obvious, he is bedridden with a trach. He had a triple stroke, which is another story from another hospital setting. Now these places have used his benefits up and his condition continues to worsen. I need his chart to see what they have and have not done for this person. Many of his personal items have been taken as well. Yes I have many complaints but where do we go from here with my dad on a ventilator and no insurance in the state of Texas. No one is willing to give him a chance but his daughter and his son's. I need some answers please. Thanks Robbye
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am very sorry for your father's situation. Can you please tell me if your father (1) is cognizant at the moment, or not, and (2) if he is, would he be willing to sign a document granting you the right to make medical decisions on his behalf?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

He is not, my brother and I have taken over getting him help which my mother could not do. She has some other problems which are a hinderance to the process but we are working with her through this.

Thank you for your explanation, R.

By default, the next of kin is the spouse, and she has this default authority.

The way to override this authority is to file for adult guardianship for the adult (i.e. your father). Please see more about it here.

By becoming a guardian, you would receive the court's order to make decisions on his behalf and override her decisions/objections (and any POAs). This includes even if he is cognizant. This way, you can get him the help he needs, and even sue on his behalf.

The way to go about this is to file a petition for guardianship in Court. An attorney is highly recommended. May I recommend the Texas Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

She would have to be served and may object, but, the Court will make the decision based on who can take care of him the best, XXXXX XXXXX she has been doing so far.

I hope this helps and clarifies. Good luck.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups for free after rating. My ultimate goal is your complete satisfaction.
Customer: replied 3 years ago.

yes this is what I am understanding but she is giving us her permission every step of the way. Thanks for your help

Hello friend,

Okay - I understood her to be a factor in not allowing you to help your father based on your statement:

"She has some other problems which are a hinderance to the process "

If you want to get your father justice for the injustices done to him by the medical facility/ies and generally help him, and if she is getting in the way, in order to get standing and power to do this is via the guardianship order.

Please let me know if I am missing any issues here that you want answers on by using the REPLY button.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups for free after rating. My ultimate goal is your complete satisfaction.
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