Legal Question in Elder Law in California

Elder Abuse + medication directives

My father is in a home that wants to administer proper prescribed medications per MD directives, but my brother and sister have POA for medical care and are directing home to stop his psychiatric medication, so the home has had to wean him off the med and dad is now impossible to care for and the home is struggling and my father is miserable as he does not want to do behavior that is upsetting, he has dementia. HOW do I get my brother/sister to allow only MDs to prescribe and determine correct medicines for my father, I am in a lawsuit to remove them for other instances of similar behavior and we have evidence to proceed but taking too long, this current critical situation will either kill my father legally or get him kicked out of his care center, where he is adjusted and has been happy. I wrote adult protection agency, I called relatives, I told my lawyer, what else? The home needs this to be resolved ASAP, and my Dad is suffering, this needs IMMEDIATE attention, this issue. HELP. They have financial reasons of inheritence as motivation to find a legal way for my father to die, HELP US please. IF on TV, we'd get a court injunction to stop them and allow the MDs to prescribe, but in real life what do we do?


Asked on 11/18/08, 4:27 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Elder Abuse + medication directives

If you can't resolve it, you'll need to seek a court order vacating the POA and authorizing you to act. You're already got an attorney, why haven't you asked him? Given you allegations, it sounds like that case is in Probate court, which is where you have to get your court order. If you're seeking new counsel, then feel free to contact me.

Read more
Answered on 11/19/08, 5:24 pm
Bryan C. Becker Your Lawyer for Life.

Re: Elder Abuse + medication directives

You state that you have an attorney handling a related matter. I would suggest you go back to this attorney and ask him/her to assist you in this matter. You would need (initially) to secure an emergency injunction from a Court in order to accomplish your stated goal.

Best of luck to you and your family,

Bryan

Read more
Answered on 11/18/08, 4:31 pm


Related Questions & Answers

More Elder Law questions and answers in California