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yankeetooter Asked August 2021

As a child of my ailing mother, do I have any rights as far as being informed what is going on with my mother?

I'm not my mother's medical POA. Although never appointed by my mother, somehow my sister took on that role. Now my siblings are giving me the silent treatment because I'm not towing the line and doing exactly what they tell me to do. I'm worried that they are not going to keep me informed about my mom's health. Already there's been a few incidents with my mom's health that my sister conveniently forgot to share with me. My mom fell out of the wheelchair a couple weeks ago and my sister never told me about it. So, again, do I have any sort of legal right to get information about how my mom is doing? If I call up the nursing home, are they required to give me the information, or can they say that they've been asked by my sister not to share anything?

JoAnn29 Aug 2021
I just skimmed over your last post. Seems your sister has taken the roll of POA. Did Mom assign her POA that your not aware of? Because without POA, your sister can do nothing. She has no authority to sell the house. And no Realtor should take on the sale without a POA giving her the right to do so.

Since Mom has a Dementia she cannot give permission for you to be on a HIPPA form. Unless you are a threat to Mom, sister cannot keep you from seeing her. But without being on a HIPPA form, the NH does not need to talk to you about Moms care. If sister seems to be the go to person, they may go to her POA or not.

Seems to me you have some dynamics with your siblings wanting you to do exactly what they want you to and until you do, u get no info. For now you are between a rock and a hard place. You need to get a job and show some independence. Are your health problems such that you can get SS disability? If sister tries to get you out of the home, let her evict you. That way you have a hearing and can give your side of the story.

What you need is a lawyer. Check out legalaid. For no other reasons than to know you rights.

Countrymouse Aug 2021
The nursing home would be wrong to share information with anyone they do not know to be authorised to receive it.

So no, technically they ought not to tell you anything about your mother. They probably would, but they shouldn't. You certainly don't have any "rights" in the sense of their having a duty to keep you informed.

Your profile states that your mother lives at home with you - when did she go into the nursing home, and have you had any opportunity to visit her, or to make direct contact with any of her care team?

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gladimhere Aug 2021
You do not have a legal right to know mom's condition. Mom signing a HIPPA, if she is competent and will do it, would give you that right.

BarbBrooklyn Aug 2021
Do you attend the regularly scheduled care meetings at your mom's Nursing Home? That's really the best way to find out what is happening in terms of mom's health.

Is mom competent enough to sign a HIPAA form? That would give thecNH the ability to share information with you.

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