Legal Question in Family Law in Florida
power of attoney
My sister placed my mother in a nursing home( who has poa). When I went to visit her and asked about what medications she on, they would not tell me anything, I am here son and also a RN. Do I have right to know and ask what is going on with my mother. thank you. My sister has told the NH not to tell me anything.
1 Answer from Attorneys
Re: power of attorney
No. A person will not go to jail for failing to answer a civil summons. A default judgment will be entered against you which will serve as a lien against your real and personal property in the State of Florida. Additionally, your credit history will be severely damaged as a result.
The nursing home has been placed in a quandry. While they may wish to cooperate, under HIPAA regulations they are barred from disclosing medical information to a person who has not been authorized to receive the same. You can read about HIPAA at:
http://www.hhs.gov/ocr/hipaa/
Unless you can convince your sister to authorized them to release information to you, the only way you can force the nursing home to cooperate is to file a suit with a court and get a court order.
Scott R. Jay, Esq.
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