Problems with Hospital

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djbaker1969

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I am scared I really have a serious problem now. My 71 year old mother has
been in the behavioral ward of a hospital for nearly six months now. The Dr
(Psychiatrist) in charge - in the beginning back in June told me - once
they medicate my mother she will return to normal - THerefore I never
pursued a guardianship at that point. My mother had refused medication - it
then took until September for the Hospital to get a court order to forcibly
medicate her. As it turns out - my mother has gone from being an angry
psychotic to a happy psychotic. Now the Hospital wants to transfer her to
Pilgrim State. THe Dr and social worker are always contradicting each
other. The Dr told me my mother is competant and can sign a power of
attorney - so I called the social worker to set it up - but the social
worker violently objected - then the Dr denied ever telling me this. The Dr
then told me applying to Pilgrim State would be a waste because my mother is
now sane and she may go home very soon to her apartment (the Dr and Social
Worker have perpetually desired to verify the fact that my mother owns an
apartment and what condition it is in). I spoke to the Social Worker and
she then violently told me My mother will NEVER go home again and she MUST
go to Pilgrim State PERIOD. I then spoke to the Dr who DENIED he ever said
my mother could go home.

I found out - the Dr tried to force my mother to sign a document which
effectively would commit her to Pilgrim State - I then asked - how is it
possible for you to ask my mother to sign such a document and then you tell
me she may not sign a POA? I also asked whether the Dr/Hospital/Social
worker had gone to court to obtain a guardianship of my mother (presumably
to steal her assets) the Dr WOULD NOT answer either of these questions for
me!

It seems something screwy is going on here.

1) My mother had executed a Health Care Proxy in 1997 naming me her health
care agent - May I step in and say She MUST return home and NO way may she
be sent to pilgrim state?

2) Is it possible that the Hospital/Dr/Social Worker are trying to pull one
on me? May I still obtain a guardianship at this late stage? How long does
such a proceeding take in NY?

Thanks very much!
 
1) My mother had executed a Health Care Proxy in 1997 naming me her healthcare agent - May I step in and say She MUST return home and NO way may she be sent to pilgrim state?

A: Yes, if your power of attorney allows that and also it is a durable power of attorney (meaning that even if she is declared incompetent it is still good) and she was competent at the time she signed it.


2) Is it possible that the Hospital/Dr/Social Worker are trying to pull one on me?

A: Yes; anything is possible.


Q: May I still obtain a guardianship at this late stage?

A: Yes.


Q: How long does such a proceeding take in NY?

A: When you go talk to the lawyer you hire to do this, ask the lawyer your questions. Each case is different.
 
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