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A care facility can file for conservatorship and will try to, in the probate court over a resident even if said resident already has a POA/Health Representative without informing the POA/Health Representative.
This happened to me. The nursing home my father was in went ahead and petitioned the court for conservatorship even though they had no cause to. I was handling his business just fine, but they were angry because they were not being allowed access to his bank accounts. I insisted on a monthly bill instead and they were only paid what was owed.
The probate court sent me copies of the nursing home's petition for conservatorship as they are bound to do so by law in my state. What they did not send me is what day and time the court hearing was going to be. I had to go down to the probate court in person to find this information out myself. Care facilities pull this all the time because if the POA/Health Representative does not show up at the court hearing they automatically lose by default and the care facility gets awarded conservatorship.
I explained this to the judge and told him that the only way I even knew that they had taken this action was because his court sent me a copy of the petition. He was very surprised and a little bit angry at them too. They lost their bid for conservatorship over my father.
I also burnt them on the legal fees they tried to collect. By law in my state a lawyer must be appointed to represent the care facility resident. The nursing home retained two for my father. When they approached me outside after the hearing, and said that I would be billed for their services. That's when I told them in front of the judge that since neither my father nor myself retained their services and that they can send their bill to whoever hired them. I was sent a bill one from them one time that I promptly threw in the garbage and never heard a word from them again.
It sounds to me like the care facility is going to go behind your back and petition for conservatorship. Stay in touch with your town's probate court to make sure you don't miss any court dates because the care facility won't tell you when the hearings are.
No, they also cannot override appointments or change them without speaking to you first. They cannot change or add medications either without informing and explaining to you about it. You make good and sure to show the care facility's administrators your paperwork and make them understand in no uncertain terms that if they're planning on pulling any of this that they will be meeting you in the court.
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The State should be checking on them. Call your State Ombudsman and run this by them. I would bet they are charging Mom for overriding and making her appts. I may ask why they think this is part of their duties. They should be calling you for falls and whatever. They should be calling you if they send your LO to the hospital. You are the POA not them.

You may need to find another POA.
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BurntCaregiver Mar 2021
It's not part of their responsibilities and duties. The care facility is laying the ground work because they will try to petition for conservatorship.
When my father was in the nursing home he had to go to the hospital several times. They called me immediately every time because they knew I meant business. The hospital always called me too because I spoke plainly to them that they are to keep me apprised of his conditions first and then the nursing home after. They were excellent about that. When it comes to care facilities the POA/Health Representative has to be on their backs night and day. You can't relax for one minute because when you do that it when they pull something underhanded.
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Not required to use dr or get meds from their pharmacy I took to dr before covid. Two doctors actually 3 have documented this person has dementia. Only used transportation of them as the facility refused to let me to take to doctors when Covid came there, kept own drs so basically renting the room, getting half to 3/4 descent meals 3 times a day and they administer the meds but not as prescribed anywhere to 2 to 3 hours early for night meds due to be given at 8 and they given most of the time at 5 pm, and put out clean clothes whenever they want or like and change her bed the same way as well as clean the room whenever. They have multiple transporter and vehicles...never a problem until now...I feel it’s the change in staff trying to make a name for themself and causing us issues. Been told if you ask questions they don’t like you/ family or POAs
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My answer would be No. Did Mom keep her own doctors? Do you take her to her appts? If so, no they should not be overriding her care. She is a resident. She pays rent. Even if ur weren't POA she has family to do for her.

Is a Dr associated with the facility? Are u required to use him? Do u use the facility for transportation to get Mom to appts? If they transport maybe they have to change appts if they can't get her to them for some reason. But, this did not happen with me.

The nurse did take over Moms meds. She made sure prescriptions were filled. Spoke with Moms Dr. When they needed to be refilled. But I made appts and took Mom.

Read Moms contract and your POA. Your profile says Mom has Dementia so your POA should be in effect. You may need a doctor or two to claim she is incompetent.
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alisgrannie Mar 2021
I have read contract several times and I have POA, health care POA; executor to will..and durable POA. You aren’t even required to use their furniture therefore the furniture belongs to resident. What do I need to do? They have fallen 3 times and I’ve not been called! I see the bruises or one time they were in the floor and I called them and they laid there for about 20 to 30 minutes and I was holding on the phone waiting to see when or if anyone would ever get there and when they did they took the phone from them, hung it up not even asked or see if anyone was on the other end of the line. The resident was close enough to pull the phone to them to be able to answer the phone when I called
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More details would help.
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Why do you think the facility has taken over as POA?
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Has your loved one given the POA permission to invoke the POA or have they been declared incompetent? Just because you have POA doesn't mean it is automatically in effect. I have a POA appointing my daughter, but I'm perfectly healthy and able to handle my own affairs so it isn't something she could invoke at this point.

If it is in effect, then I suggest you have a talk with the executive director of the facility and remind them that they are obligated to consult with you on your loved one's health care. Perhaps they just need to be sure to inform the caregivers on their staff that your LO is not the one to OK appointment changes and the like.
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The assisted living could certainly engage the elder and follow the elder's instructions as to what they wish to do, yes.
I am afraid we need more information about exactly what happened here.
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