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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35377
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I help ( a 97 yr. old lady who lives in a nursing home. She

Customer Question

I help (I'm DPOA) a 97 yr. old lady who lives in a nursing home. She got sick with pneumonia after Christmas and bounced back quickly. The home started physical and occupational therapy which kept her in therapy in AM and PM. She often said it was too much. She recently got sick again---pneumonia, CHF, pleural effusion. The hospital wanted to put her on hospice. Her cardiologist said we could try another medication. I am realistic. I said let's try the new medicine. The next day she was better and is back at the nursing home. She again has bounced back amazingly well. I told the nursing home---"no more therapy". It's too tiring for her. She happily goes to some activities, says her prayers, watches a little TV. The social worker called me to ask what else I might want taken away and did I want comfort care ( usually means "no more hospital").
I think hospital care can be a comfort measure. I am a geriatric nurse and I'm realistic.
I wouldn't expect surgery or other major treatment, but medical management is reasonable. She has already defied the odds. In my 30 plus years as a geriatric nurse, I haven't seen anything like her--ha--she's amazing. Is there any reason why she can't carry out activities of daily living without being forced to do therapy and, if refuse, go on comfort care? In my mind, forcing her to do therapy is unrealistically costly
---I think they just want the money they get from Medicare. That could be medicare fraud, I think. Bot***** *****ne, she should be able to relax and go happily about her day and if she does need hospital to go there. If too ill to be treated then we will be realistic.
God is in control and we have a moral obligation to do our best to care for people.
Is there any law that says we can't do what I think is realistic and this lady wants?
Thank you so much for your advice and help.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Is the woman still mentally sharp enough to make her own decisions regarding her care?

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Are you her medical POA or financial POA?

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Does she actually need hospital care?

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thanks

Barrister

Customer: replied 1 year ago.
She is mentally able to answer for herself. She says the therapy is too much, but when they come to get her, I think she hates to refuse. I am her DPOA ie. medical and financial spokesperson. I'm co-dpoa with another friend and she agrees with me.
Mary(our lady) does take our advice. The nursing home wants her to have therapy, but for all there displeasure with me for being her advocate, they can't see therapy is more apt to wear her out and send her back to the hospital. I think that's part of what happened before. No, she doesn't need hospital and that's what I'm trying to avoid. Thank you.
Expert:  Barrister replied 1 year ago.

Ok, then if she is still mentally competent, it is up to her to put her foot down and tell them that she doesn't want the therapy. Your POA gives you the power to make medical care decisions for her if she is unable to make them herself. But if she is deciding to go and to the therapy, then that is ultimately her decision. Your POA doesn't override her rights, it shares them but you can't override her decisions at this point.

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So with all that said, she is the one who has to decide what care she wants for herself and the obligation is on her to not do any treatments or therapy she doesn't want to. You can tell them that you don't want X, Y and Z for her, but if they come and she agrees to go do them, then her decision controls as long as she is mentally competent..

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thanks

Barrister

Customer: replied 1 year ago.
thank you. I know you are right. thank you for your help
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help. And just tell her that when she doesn't feel like doing something, she is free to tell them "No", as she has earned that right...

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thanks

Barrister

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