> Discuss Your Legal Issue > Ask a Lawyer > Elder Law > I'm POA, Health Proxy and Caregiver for my Mom. My siblings do not help. I've been served an invalid Article 81 and had an unfounded APS report on me.

I'm POA, Health Proxy and Caregiver for my Mom. My siblings do not help. I've been served an invalid Article 81 and had an unfounded APS report on me.

1 Answers. Asked on Feb 12th, 2017 on Elder Law - New York
More details to this question:
The fake Article 81 was served via e-mail, giving me 7 days to sign or it would go to Court. That was in 2012. Last week, one of my Health Aides was bombarded by harassing and belittling e-mails from my sister-in-law and niece. When they were to told my Health Aide could not communicate with them anymore, APS was called by my siblings. The Complaint was determined to be "unfounded" and no further action is being taken by APS. A few years ago, my one sibling called my mother's doctor's office, ordered a nurse to my house, and the doctor's office complied. Upon complaining, the doctor's office dropped my mother as a patient after 6 YEARS! As far as I'm concerned, HIPPA Privacy Laws were broken because that sibling IS NOT the Health Proxy, I am. I was never contacted about the nurse, she just showed up at my house! My siblings DO NOT visit, they've wreaked havoc in my mother's care, and they've caused emotional distress to me. Now they've used APS to SPITE me.
Answers Showing 1 out of 1
Answered on Feb 13th, 2017 at 8:27 AM

From the description of your problem, it sounds as though your family members have harassed you and your mother's home health aides periodically over the years, most recently, last week, regarding your mother. You say your siblings "do not help", but have you prohibited them from seeing your mother? Does your mother not want to see them?  As your mother's POA/health proxy, you are entitled to contact or have a lawyer contact your mother's health care providers and instruct them not to release any information about your mother to anyone but you, and certainly not to take instruction from anyone with regard to your mother other than you. There is no reason that the health aides should be taking calls or emails from your family members- tell them not to respond. Finally, if your mother can no longer make decisions for herself or take care of herself, you may want to consider commencing a REAL Article 81 proceeding to be appointed as her guardian - which will put your other family members on notice that you- and no one else- make decisions on your mother's behalf, in all areas.  

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As adults age, they often lose some mental acuity while also facing more physical limitations. These health conditions put senior citizens at greater risk of exploitation and abuse. At the same time, the elderly need to think about their long-term medical and financial needs, and make estate plans to ensure their legacy after they pass away. An elder law attorney can work with seniors and their families to address issues such as advanced directives, powers of attorney, living wills and last wills and testaments. Elder law lawyers can also help families intervene if a guardianship or conservatorship is necessary. And personal injury law firms with experience in elder issues can help victims of elder abuse and nursing abuse take civil and criminal legal actions against their abusers.
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