Legal Question in Elder Law in New York

Poa for dementia

My mother resides in a nursing home. Until recently I was on record as a member of her ''team''. She wound up in the Hospital for ''dehydration'' and ''sepsis'' but the nursing home did not notify me until I showed up to visit. They refused to answer my questions and said I was not POA. She has no POA or HCP and does not have capacity to do so. My father still living who rarely visits and is quite ill himself and I ? dementia in his case, called the nursing home and told them to remove me from her record. I know he has spousal rights, but how is the nursing home sure it is he that called and dont refer to HIPPA with him? Questioning his capacity and hers who do I turn to for answers, the state department of health said I did not have a substatiative claim (neglect secondary to inadequate hydration and nutrition) because they were told by the nuring home I was not a person of record. I am a Registered Nurse, and when she was in hospital they discussed her care with me, as my father was not able to make it to see her. I previously objected and notified the state on a prior neglect charge that hospitilized her with several DVT's when the nursing homes MD did not respond to the nurses. I contacted her surgeon who had her admitted.


Asked on 12/06/07, 5:09 pm

1 Answer from Attorneys

Pasquale Calcagno Calcagno & Associates, PLLC

Re: Poa for dementia

I believe that you have issues that are worth exploring. Contact me toll free at 1(800)WE-FIGHT for a free legal consultation. Do not delay, the law limits the amount of time you have to file your claim.

Very truly yours,

Pasquale Calcagno, Esq.

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Answered on 12/07/07, 12:18 am


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