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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116711
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have full guardianship of my daughter with Mental

Customer Question

I have full guardianship of my daughter with Mental Retardation/Intellectual Disabilities. That is not the question. She moved into a new group home in Maine . She has been in others. I told them that I would take care of all her medical/dental. I signed emergency treatment and listed her Dr. I did not give them access to Dr. records.
Now my daughter had a rash. I had to supply them with a copy of the prescriptions,then I have had to sign something from the group home agencies nurse telling me about the risks etc.of the prescriptions. My daughter who self medicates has to have them keep her meds. and when she takes them she has to sign.
Now my daughter said they want to take her temp. and her blood pressure 1x a month? When I dropped her off I told her to tell them her mother said no.
I love the group home and the people. The group home supervisor said it's their policy.
Where does that leave my daughter/me and her privacy? Now ,my daughter is not usually on any meds. She is an athlete for Sp. Olympics and when she moved in they were aware that she would be in and out because she had just had ankle surgery as well. Then this rash happened when she moved in so we've been trying to clear it up. So of course she's had meds thus the conflict. I don't want to really make waves but they are creeping in on Brenda's privacy.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The problem these people are concerned about when someone is self administering medication is legal liability. They take her vital signs so they can document her condition and that she was not in any medical emergency when they gave her the medications. They are concerned that something is going to come back on them and their lawyers have told them for liability purposes to document her medical condition, which they do by showing her vital signs are within normal ranges so they cannot be sued for malpractice.

While it may be an intrusion somewhat into her privacy, she is in the group home and they can be held liable if they give her the prescribed medications to take and she takes them and something happens to her. So this is a legal liability issue and as long as they have some potential liability they have the right to keep tabs on her condition and taking vital signs or knowing all medications a resident is taking is seen as a minimal intrusion of privacy for protection of not only your daughter, but the home itself.

Customer: replied 1 year ago.
I am aware of the liability . What are my options if I don't want that to continue but I would like to relieve them of that "burden."
Is there a step I take legally/could take legally?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If you do not want this to continue, then you have to remove her from the home and find another facility. As long as she is in their facility, they have the right to set the rules and even if you signed a waiver of liability, they do not have to agree to that.

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