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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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looking for a lawyer in family law in the area of east troy,

Resolved Question:

looking for a lawyer in family law in the area of east troy, wi. i have a mother in a nursing home, my sister in feb. decided that she would become her poa in health care decisions.
this was done without any knowledge of myself or my mother. she is not acting in the best
interest of mother, would like to have this changed.
Submitted: 6 years ago.
Category: Family Law
Expert:  Ely replied 6 years ago.

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

JustAnswer does not allow its experts to take clients from the site. Having said that, I can help you find affordable counsel and answer some questions. Would you like either? Both?
Customer: replied 6 years ago.
i want to speak with you and i am interested in an affordable counsel
Expert:  Ely replied 6 years ago.
Okay. I'll help you find some resources on finding some counsel after our conversation.

So, please tell me what you are trying to achieve here, and any other pertinent facts to the matter.
Customer: replied 6 years ago.
<p>My name is XXXXX XXXXX number is XXXXX </p><p> </p><p>What I want is the medical power-of-attorney for my mother or at least an equally shared medical power-of-attorney for my mother with my sister, Pat Owens. My sister obtained a medical power-of-attorney in February without my knowledge or consent. My mother states she has not given her one and wants me to be involved in her medical care. The DON at her nursing home has stated that my mother wants me involved with her medical care. <strong>This is critically important as my mother has been placed on a very dangerous drug, Risperidone</strong> which is physically and mentally destroying her. Her health status and her quality of life has been on a straight downhill run since taking this medication. This is drug used for extremely psychotic patients with horrific side effects for the elderly. I have tried repeatedly to discuss this issue with my sister who tells me to drop dead as she has power-of-attorney. I have been trying to discuss this issue with my mother's MDs. Sometimes, I can get information other times my sister has that information blocked from me. My sister is blocking all my access to health information about my mother since we placed my mother at the nursing home in September 2010. I cannot get her blood pressure readings, what medications she is on, etc. My sister even has taken my mother's phone and daily mail away from her. She has isolated her. My mother called me for help which I have explained to my sister, the nursing home administration, MDs, and most recently xxxxxxxxxxx(xxxxxxxxxxxxxxxfor Wisconsin XXX-XXX-XXXX). My mother has glaucoma and cannot see well but she tried to read the names of the drugs she was on to me via the phone because she felt so ill after taking them. She says they make her feel like a zombie. That act shows she is capable of rational thought.</p><p> </p><p>I am an RN and a CDE for many years. I have worked for years in healthcare particularly with geriatric patients. Prior to my mother entering the nursing home, I coordinated all of her medications with her and her physicians. She has an extremely difficult blood pressure to manage. My sister used to call me for information and I also traveled back and forth to Wisconsin to help manage my mother's health. Now, my sister has completely changed. Pat has a violent temper. She explodes verbally, swears, and is very dictatorial with my mother (ie "You will sign this now, You will do this now!). I understand she had another fight with my mother today at the nursing home. She should not be the medical power-of-attorney. I do not know what is going on with my sister but SHE HAS CHANGED. She does not want my mother or me to cause any "trouble" at the nursing home and seems to prefer my mother comatose. The sad truth is that while nursing homes have a done a good job of reducing physical restraints they have done this by increased use of chemical restraints ie drugs. Pliant, sedated patients are easier to deal with. This is not paranoia on my part that is unfortunately a reality in the geriatric industry. I do not want my mother drugged so it is easier to "manage" her. She deserves a decent quality of life. The longer she is left on this drug the greater the risk to her.</p><p> </p><p>My mother went into the nursing home able to walk, talk, and feed herself but was unable to shop, cook or clean for herself. After this drug therapy she could not walk, dress herself, feed herself, etc. She is starting to come back but they STILL have her on a reduced dose AND despite her protests and my multiple protests they continue to give her this drug EVEN THOUGH the she has the legal right to refuse the drug. At this time, I believe they are giving her the drug as a liquid because she has told them she will not take any pills starting with an "R". But I cannot verify that because they will not talk to me. The Omnibudsman and the DON have confirmed that she is still on the medication.</p><p> </p><p>They claim my mother was seen by a psychiatrist. She cannot recall anyone identifying herself as a psychiatrist to her. This person only has a cell phone number which is XXX-XXX-XXXX and whose name is xxxxxxxxxxxxx(I cannot confirm that spelling). I cannot find any information on this doctor. Just because someone is called Doctor does not make them competent. There are good doctors, bad doctors, average doctors and multiple below-average-have-not-killed-anyone-yet doctors. Anyone who would prescribe Risperidone for a 94-yr-old woman with no prior history of psychosis is suspect to me as a potential "bad doctor" and I will continue to try to find her licensing agency and whether there is a history of complaints against her. She is back in town (xxxxxxxxxxxx, WI) March 3. She is supposed to call me. I will be calling her on March 3.</p><p> </p><p>I need help. I need to know my rights. I would like to know if I can access my mother's medical charts. I want my mother to have the best combination of drugs and therapy she can have so that she experiences the best quality of life possible. </p><p> </p><p> </p><p>BACKGROUND INFO:</p><p> </p><p>My mother is a 94-year-old lady WITH NO HISTORY OF MENTAL ILLNESS OR PSYCHOSIS who my sister and I jointly placed in a nursing home in East Troy September 2010. I live in Denver. My mother had recently been the victim of an identity theft where her sister's daughter-in-law had stolen a substantial sum of money from her. At the time there was concern over my mother's mental status. In order for her to leave the hospital and be transferred to the nursing home I had to sign a paper giving power-of-attorney to my sister while my mother went through the guardianship process. My mother was not mentally impaired and after examination the court process for guardianship was dropped. My mother was deemed competent.</p><p> </p><p>My mother has trouble taking any form of narcotics and the hospitals always give her some form of narcotic to treat her back pain. This ALWAYS leads to a period of confusion for my mother which she comes out of as the drugs wear off. </p><p> </p><p>My mother had a GI bleed while she was at the nursing home. She ended up needing 2 units of blood which means it was a fairly significant bleed. They tried to put a PICC line in her which she did not want. It was medically necessary to obtain an IV line. They restrained her, she spit at them. If you talk to her about it she will tell you she did not want this IV and they would not listen to her. She did not really understand the situation. Obviously spitting is a juvenile action but what would you do in her place? What if nobody would listen to you and kept hurting you - what would you do? Anyway, I can tell you that if you spit at the nurses - we put a mask on you. What they should not do is drug you out of your mind. </p><p> </p><p>My mother was placed on Risperidone. My sister authorized the use of this drug. I cannot get the exact start time for this drug but I suspect it was when she returned from xxxxxxxxxxxxx in December 2010. This drug requires authorization - that should tell you something about its potency. I do not know when they started it. It is so contraindicated in a patient with her history. There are many other drugs that could be used IF she really needs something. My mother was again to sent to the hospital in Waukesha in January 2011 at that time I was able to talk to the ER doctors about her being on Risperidone. I believe they reduced her dose at that time. <strong>The nursing home refused to tell me that my mother had been sent to the ER </strong>- I figured it out from the way they were acting and tracked down which ER she would be sent to by myself. I am her daughter and this type of information should not be withheld from me. </p><p> </p><p>I do not know if this is an issue or not BUT initially when my mother was placed in the nursing home my sister, Pat, who has been helping her with her finances found out that my mother had private nursing home insurance so my mother would be able to keep her personal money. I do not know how much money this is. <strong>I do not want financial power-of-attorney.</strong> But my sister is intercepting my mother's financial mail before she can see it and my mother is angry about this and fears that Pat may be borrowing some of my mother's money. I do not know if that is true or not. My mother has been afraid since the identity theft to sign any form for anyone and is concerned about her finances. </p>
Expert:  Ely replied 6 years ago.
By POA, do you mean that your mother signed a Power of Attorney, or did the Court give your sister guardianship?

Is your mother in agreement to give the authority to you, or you simply feel that you are more able to take care of her?
Customer: replied 6 years ago.

My mother states that she did not sign anything; however, the DON at the Nursing Home tells me there is a durable medical power-of-attorney from February 2011 in her chart at the nursing home. I will be going to Wisconsin shortly and I intend to get a copy of that paper.


In September 2010, guardianship papers were started for my mother in Racine County Court. This application was dropped because during the process it was determined that my mother was competent and did not need a guardian. The original case number XXXXX 10-GN 157. I have verified twice that it was dropped.


My sister has the power to sign on my mother's financial accounts. I do not know what type of legal arrangement this is.

Expert:  Ely replied 6 years ago.

I have just received your reply. I have to step away from the computer, but I will be able to answer later on today. Apologies for any inconvenience.
Expert:  Ely replied 6 years ago.
Thank you.

First, you have two options. If your mother is indeed competent, then there is really not much that you can do since your mother can then decide who she wants to act on her behalf for the POA.

If you feel that your mother is not competent, then you can try to again re-file for guardianship, using new evidence that was not presented last time, and the guardianship, if appointed to you, will override her POA.

These are really your only options.

As for affordable counsel, I highly suggest The site features attorneys' years of experience, areas of practice, client reviews, and other such factors. I highly suggest perusing the site to find counsel that you feel comfortable with.
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