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Hi and welcome to JA. I am Ray and will be the expert helping you today.
All I can tell you here is that you maybe correct on both issues that they are manipulating the system here to their advantage.You could apply here for guardian/conservatorship that would trump the HCP.Anytime there are two different persons named there are going to be problems.
You may seek to resolve this through the courts making application for guardianship /conservatorship to obtain both financial and medical control.This would allow you to then withdraw him from the facility if you choose and make any other decisions.This is your remedy to this problem. The facility in their defense is sort of caught in the middle.
Involving the courts and being named conservator/guardian makes you the decision maker for all here with access to records as well.
Long term this would be the way to resolve the problem.His estate here would be able to reimburse for legal fees once you are appointed.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Regardless of being caught in the middle, I am focused on the facilities responsibilities, specifically if they were fraudulent with their actions. Were they?
They very possibly could be here.Based on what you present they are not involving you in the decision making at all.You have remedies through
the courts here, guardianship would give you legal authority to be in charge.It would also be possible here to sue the facility for these fraudulent actions.
My father has since passed. If I decide to sue, can I do so a a beneficiary of my father's estate or as his executor or can I sue as both?
The estate would have to sue , you as executor bring the suit on behalf of the estate.Recovery goes through the estate to the heirs.I am so sorry about your father.I hope you can get some justice here.