How AI Legalese Decoder Can Prevent Fraudulent Power of Attorney Attempts in Medical Emergencies
- April 27, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Desperate Situation for a Single Mom
I am currently facing a desperate situation as a 21-year-old single mom. My father, who was my only remaining parent on earth, suffered a severe brain injury with no chance of recovery. As his legal next of kin, I made the difficult decision to follow through with his true wishes of donating his organs and tissues. However, my ability to make decisions for him was abruptly halted when his girlfriend produced a financial power of attorney and living will, claiming her authority over his medical decisions.
## Legal Battle for Decision Making
The hospital put a pause on my legal say in the matter and gave her 48 hours to provide proper paperwork. When the documents were submitted, they did not even use his correct legal name as stated on his birth certificate. Despite my concerns and requests for verification, the hospital refused to compare signatures or authenticate the paperwork. This has left me feeling helpless and lost in a situation where time is of the essence.
## Uphill Battle for Control
For almost three weeks now, my father has been suffering in a long-term care facility, experiencing severe seizures and involuntary muscle movements. The situation has been made worse by the fact that his girlfriend has restricted my access to him, leaving me out of critical decisions about his care and well-being. Despite the fact that she claims legal authority over him as his wife, they are not legally married, and I am his only child with DNA evidence to confirm our relationship.
## Need for Resolution
I am reaching out for help to lay my father to rest and allow him to finally find peace. I have legal documents supporting my position as his next of kin, but without access to the power of attorney papers held by his girlfriend, I am at a loss for how to proceed. The hospital’s refusal to verify the authenticity of these documents has only added to my frustration and confusion.
## AI Legalese Decoder Support
In this complex legal battle, the AI Legalese Decoder can help decipher the intricate language of legal documents and ensure that your father’s true wishes are honored. It can assist in verifying the authenticity of the paperwork presented by his girlfriend and guide you through the legal steps necessary to gain control over the decisions regarding your father’s care. With the support of this tool, you can navigate the legal obstacles in your path and work towards a resolution that respects your father’s wishes and your rights as his next of kin.
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You need an attorney. The hospital isn’t going to choose who to believe, its too risky for them if they are wrong. You need a lawyer who can request a hearing w/ a court to determine who is the rightful decision maker. If she did forge papers that’s likely a crime but that’s a “tomorrow” problem – getting someone with authority to rule in your favor is priority 1. Find an attorney, ideally one with estate and end of life experience.
Ask to speak with the hospital’s risk management team and a social worker. They should be able to point you in the right direction.
Capital University Law School in your county has a legal clinic that helps individuals who are unable to afford legal representation. Call the legal clinic and see if they will be able to help you.
The hospital, and the long term care facility, are going to err towards keeping him alive. If the POA is proven to be fake they can always pull the plug later, but they can’t un-pull the plug once he’s gone, so until they’re 100000% sure, that’s likely to be their stance.
You should absolutely get a lawyer. Even if Dad’s gf comes to her senses. If she’s forging POAs and falsely claiming to be his wife, heaven knows what other shenanigans she may be up to financially.
I hate to ask, I hate to even think this, but, is there any possibility that the gf had anything to do with causing the brain injury? The timing, just seems sus.
Also, did Dad have the organ donor thing checked at the BMV?
Is the hospital part of OSU, OhioHealth, or Mount Carmel? And is the long term care facility associated with any of the above?
Try and see if you can go to county clerk and ask for copy of a marriage certificate between your father and GF. Those might be public record.
If none can be produced, see if you can ask for a certified letter from them that there is no such record. I’d also see if they can search surrounding counties or perhaps the whole state.
Call hospital administrator and tell them she forged the paperwork. Bring proof with you.
APS then attorney – your state bar will have a referral service for a free or highly discounted consultation, explain this series of events to anyone who practices in “fiduciary litigation” and if money is an issue for you come prepared to talk about your father’s assets they can use to pay themselves on the back end after they prevent or reverse the bad stuff she’s doing
Call your states ombudsman & they will help you.
Having worked in Hospitals coordinating with Legal = Risk Management to determine Medical Power of Attorney or Surrogate Medical Decision Maker. The hospital’s Risk Management will be the authority to decide how the hospital staff are to interprete the documents. Hospital’s will generally state they must accept the documents on their face.
What specifically makes you suspect the documents are forged? There are multiple different forms that are generally accepted. Have seen folks write their own. Are the forms notarized or witnessed by 2 witnesses (not related to GF)?
Your BEST option is to obtain a lawyer ASAP. An attorney will know if / how something like an emergency court order would change the situation. Do not waste time going through the hospital. This IS A LEGAL MATTER not a hospital matter.
I might have a chat with the local FBI office if they forged a financial power of attorney… See if they will help or point you in the right direction.
The hospital isn’t going to decide if the paperwork is authentic and follow through with ending care that would result in the death of a patient.
Imagine how that would look.
You need an attorney and a court to enter an order establishing who is actually entitled to make medical decisions.
Wouldn’t the back pay go to his estate after his death?
The Ohio state bar has a service that helps connect people to pro bond attorneys. Here’s the website: https://www.ohiolegalhelp.org/
Hospital administration and his gf will have to respond to subpoenas from a court. So you will need to get a lawyer for that. Sorry this is happening and hopefully you can get this before a judge quickly
NAL there maybe probate code sections that allow family members to challenge a durable power of attorney.
Please ask this to a lawyer or legal clinic.
Hiya! Make sure the nursing home has your information and knows you are the legal next of kin. POA expires at death and gf has no standing. The fake signature issue is something you’ll need to take to a lawyer.
Very late to the party, but beyond the above advice, also ask for a hospital “ethics committee” to advise. They can assist you.
Financial exploitation of a vulnerable adult? Contact the hospital SW/adult protective services. Do you know the bank he uses or if he has a lawyer? Notify them also. If he has a will, contact his lawyer. If he has been deemed cognitively deficient, he can’t make any decisions or legally sign documents. Don’t believe me, contact a lawyer
NAL file for guardianship. It trumps poa and the judge decides who is best fit
You need a lawyer, someone that can legally contest the POA and the validity of their marriage.
Get a lawyer
I’d call social security and report fraud….
Inform SSA of his condition & request to be named his representative payee.
Speak with an attorney about filing for guardianship.
The court will end up reviewing the POA.
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Im pretty sure his social security wont go to his gf. He has no assets and will go into Medicaid. They keep the social security to offset the costs of care which could be anywhere from 5k to 12K per month. That’s standard for any social worker assigned to his case and there should already be one assigned because of his medical and financial status. Only exception is if he’s married and diverting the funds would cause a hardship to the spouse – which you already stated he wasn’t married. Sounds like she is just not ready to let him go- and you are.
Get a lawyer involved. If she is providing false legal paperwork, the hospital is liable for it