Legal Question in Elder Law in Illinois

Alz. Family Caregiver's rights & P.O.A.

What does the law say regarding a Family Caregiver ( of Alzheimer's pt-advanced) refilling & picking up a prescription for a controlled substance- a valid Rx for a valid medical condition & the pt was in the care of the Family Caregiver at the time. The pt's P.O.A. says the caretaker , (the pt's biological daughter & next of kin) had no personal or professional right to get the Rx & it is theft. Pt's wife of 55 years (& caregiver's mom) had just died very unexpectantly, tragically. Mom was Dad's caregiver. Caregiver & family were in crisis-- total confusion;chaos--didn't know everything about Dad's meds/care--All meds were passed back & forth between the adult family members taking care of Dad-- we gave him his meds & took total care of him--requires 24/7 care..States Attorney office doesn't recognize or acknowledge the role & duties of a Family Caregiver. The caregiver's R.N. license & career are in jeopardy.Any help would be much appreciated. Daddy died 3 wks ago. Thank you.


Asked on 5/02/08, 11:44 am

1 Answer from Attorneys

George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Alz. Family Caregiver's rights & P.O.A.

If the State's Attorney is involved, he is looking into criminal charges. Get an experienced criminal defense lawyer ASAP.

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Answered on 5/02/08, 3:49 pm


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