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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 32238
Experience:  JD, BBA Over 25 years legal and business experience.
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My father, has been diagnosed with lewey body and parkinsons.

Customer Question

My father, has been diagnosed with lewey body and parkinsons. He had addpointed me DPOA for both medical and financial. He has been in the hospital for over two weeks. The doctors have changed his meds, and he has gotten worse. As of yet, not one of them has consulted with me prior to doing anything. I have asked them to take him off of excelon for he has not had any change for over two years. They took him off excelon and put him on namenda (I think I spelled it right). What are my fathers and my right, and have they been violated? We live in New Hampshire.
Submitted: 11 months ago.
Category: Legal
Expert:  Tina replied 11 months ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Is your father competent to make his own decisions?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 11 months ago.


No he is not.

Expert:  Tina replied 11 months ago.
Hello again, Ed.

With a durable medical power of attorney, you should typically be provided access to your father's medical records as you have the ability to make medical decisions on his behalf. However, keep in mind that if your father disagrees on any issue with regard to his care, you cannot override his decision whether he is competent or not, but would normally need a court order to override his decision.

If the current medical providers will not provide you with access to your father's condition or they disagree with the best treatment for him, you can either have him transferred to a different facility, or seek a court order regarding the treatment he should receive.

In many cases it is best to locate a provider who agrees with the course of treatment you prefer and switch to that medical provider instead of seeking a court order.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Tina, Lawyer
Category: Legal
Satisfied Customers: 32238
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 9 other Legal Specialists are ready to help you
Customer: replied 11 months ago.


So it is OK for them to change his medications and withhold information from me?

Expert:  Tina replied 11 months ago.

Hello again, Ed.

Yes, the providers are guided by their obligations to the patient and the standard of care set out by the medical profession, so they are not typically required to consult with you before changing the course of treatment for your father. If you disagree though, and they will not consider your opinion, then you can discharge your father against medical advice and admit him to a different facility or seek a court order overriding their decision.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Expert:  Tina replied 11 months ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

Customer: replied 11 months ago.


You are welcome!

Expert:  Tina replied 11 months ago.
Have a good day Ed, and good luck to you with this situation.

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