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Ray, Lawyer
Category: Legal
Satisfied Customers: 41570
Experience:  30 years in civil, probate, real estate, elder law
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A healthcare rehab facility has been misleading me on a key

Customer Question

A healthcare rehab facility has been misleading me on a key element of my father's care. On November 3rd, they told me they invoked the healthcare proxy (HCP) automatically when my father entered their facility on September 3rd because he had dementia. In reviewing their medical records, there are two key charts:1) one chart which has a typed end date of August 24th but signed on September 1st. This chart contains a written entry that says "HCP activated" with no other information such as who, when, why, etc. The second chart has a typed end date of September 27th and a typed entry as follows, "08/27/15: HCP activated". There was no entry as to who and why.This chart was signed on October 1st.
It appears the HCP was activated on 8/27, not when my father entered the facility and that someone hand wrote it onto a prior chart without any other information. This has significant ramifications for payment and authorization of care as I am the DPOA and my brother is HCP(we don't see eye to eye on care for my father), and of course for my father's rights. My brother signed the admissions documents, not my father. My father does not want to be at the facility and wants to come home. The facility is looking for me to pay significant expenses incurred in his stay. Obviously, if my brother signed the admissions documents ahead of the HCP activation the facility did not get proper authorization.
1. Did the facility violate their legal responsibilities to properly document and communicate the HCP invocation?
2. Did the facility adjust a medical record (the first chart) illegally, and after the fact, with the intent of showing the HCP invocation in place when my brother signed the admissions agreement (financial and care agreement)?
3, Any other thoughts or advice?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

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.

Customer: replied 1 year ago.

Regardless of being caught in the middle, I am focused on the facilities responsibilities, specifically if they were fraudulent with their actions. Were they?

Expert:  Ray replied 1 year ago.

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.

Thanks again.

Customer: replied 1 year ago.

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?

Expert:  Ray replied 1 year ago.

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.