Do I have grounds to seek to have my brother removed as my mother’s agent on her medical POA ? Of course he and I do not get along, and of course there is a significant amount of money involved. My mother had a blood clot which revealed a large tumor on her ovary. My mother lives a mile from me; my brother lives in Illinois. I cared for my mother for 4 weeks while waiting for the clot to clear so that she could be operated on in Phoenix. Her oncologist suggested as a precaution she “get her affairs in order” and discussed Medical POA & advanced directives. We were going to the hospital to have it done and I called my brother. He informed me that was already taken care of when she visited him over the summer, and proceeded to act as though he was in charge and they were secret classified documents. My mother’s memory comes and goes, and she genuinely did not remember having them drawn up. He then flew out to Yuma for two days got signed onto my mother’s bank accounts & safety deposit box. Two days after he left I took my mother to phoenix for her pre-surgical intake which took about 5 days. He returned for the surgery. The day my mother was to be released to a rehab center we were waiting for my brother to show up to meet with the social worker who was leaving in an hour. (I thought the POA needed to be there.) My mother was getting agitated and asked to see the POA document. I told the nurse, thinking she would have to get it from admin, but she actually had it one her chart. My mom read it and saw my cousin was the alternate and got upset saying it couldn’t be right. She started yelling she wanted a lawyer, so I texted my cousin asking if she had ever accompanied my mom to the lawyers office. I got no response. My brother arrived but they decided not to release her. She asked me to text my cousin again. The next morning I had still not received a response so I retexted her and added a few nasty comments about my brother. I would get to the hospital about 8:30 am, around noon my brother began sending nasty texts that I had libel and slandered him and that he was invoking POA and having me removed from the being able to see my mother. He tried but failed because my mother was not incompetent. He began telling any staff member that would listen that I was over medicated & mentally unstable. His wife and my cousin flew out on 5 hours notice. I needed to go back to Yuma for 3 days, I have had the keys & alarm code to my mother’s house for 15 years. He used his medical POA long distance and had my mom’s locks and alarm code changed! I had the company who did it call my mom, she was pissed and said that his wife had taken her wallet back to Illinois. The night I returned to Phoenix she had been moved to a rehab center and maybe 2 minutes after I arrived my brother began yelling at me and basically tattling to my mom about texts I had sent him regarding his suing me. He then ran into the hall calling for security and said I was there to intentionally aggravate my mother. My mom was asked if she wanted me to leave and she said for now (I was crying and my mom hates that) and the nurse asked do you want her not to be able to visit? My mom said, “No, I just want her to go for tonite.” I have not seen, spoken to, or been able to even inquire about my mom since November 24th. I honestly don’t even know where she is. I was told by a doctor at the rehab that this was my mom’s decision and then he said he wasn’t about to argue about because he knows of my issues and he can’t put his patients in danger. (My issue is I have Multiple Sclerosis, I am a veteran’s widow, and I have a 15 yr old daughter with Lupus) Incidentally, the “no trespass order” extends to my daughter too. My brother is a complete sociopath and we have been exchanging nasty texts this whole time. I have just discovered that he feels it has been in my mom’s best interest to share selected ones. I have also just discovered that my brother was involved in a check kiting scheme and accepted a proffer, 7 yrs ago filed personal bankruptcy, and 5 yrs ago bought a million dollar house. I feel like he abused the POA, and honestly I would trust Bernie Madoff to be her POA before him. I’m open to any suggestions.
defammation of character
hired for one job, told to perform another, no job description. Expressed numerous times to administrative staff that assistance was needed to achieve quality healthcare deliverence to nursing home residents, was told ”bottom line” was priority. Poor decisions made to achieve financial improvement with negative outcome occurring to patient care. State healthcare inspection identifies quality of care deficiencies, corporate administrative staff force my resignation. I have paper trail of my requests for assistance, and also have directive from CEO that if financial improvement is not accomplished, termination can occur.
I live in Arizona and my will, advance directive for health care and durable power of attorney was created in Oklahoma. Is it legal and binding in Arizona? Also my daughter has married and changed her name since. Is it okay to leave her as it is on the will?
lease and indemnity agreements
if a lease contract is rescinded due to fraud in the inducement, is an underlying indemnity agreement indemnifying an innocent third party also rescinded?
I’m currently in the process of settling out on a worker’s comp case. The attorney for the insurance co. has drafted up the compromise and settlement agreement and all we need to do is sign and return then wait 30 days to receive our check. There is one clause in there that has me concerned, my attorney has explained her position on this but without going into that I would like to know what someone else would do in my situation. The clause states this;
c. Applicant agrees that the satisfaction of any existing or future medical liens or expenses for any care and treatment to Applicant, arising out of the alledged industrial injury of 7/09/09 shall be the sole responsibility of the Applicant. This includes, but is not limited to, any leins, claims for reimbursement, recapture leins, claims for balance billing, or rights of recovery asserted by medicare, the Arizona Health Care Cost Containment System (AHCCCS) any hospital, any physician, any insurance company, any health plan, or any Employment Retirement Income Security Act (ERISA) qualified plan or program.
d. Applicant agrees to protect, indemnify and hold harmless the Defendant Employer and Defendant Insurance Company, and their predecessors and successors in interest, from any claim for un-reimbursed or under-reimbursed medical expenses or unpaid liens, including, but not limited to, recapture liens, claims for balance billing, rights of recovery, hospital liens, or any other liens arising out of the incidents occurring on 7/09/09, including any attorney’s fees incurred in defending against any claim or claims for expenses arising out of the accident occurring on 7/09/09.
Now what i would like to know is whether this is a standard clause in this type of settlement, and also in the verbage of this clause does this give the defendant and/or their attorney the ability to hold my settlement check in lieu of the possibility of any future leins or claims for unpaid bills etc.? I just wonder if this is some kind of hidden trick of semantics that could give them the power to delay the issuance of my check. I am considering asking the defendants attorney to include the following paragraph at the end of chapter d.;
“Nothing in this paragraph will delay the issuance of the settlement check in the amount of $350,000.00 once the decision becomes final (as described in paragraph 16). The defendants cannot and will not hold the applicant liable for any attorneys fees incurred prior to the decision becoming final or the issuance of the settlement check.”
I don’t mind dealing with any future claims that may arise out of this accident, I’m just concerned that the verbage in this clause will give the attorney free reign to hold me responsible for all prior fees from this case and deduct those fees from my settlement check and/or hold my settlement check past the standard 30 day period and make it impossible to ever see my money based on the possibility that some day there may be another claim that comes up?
So; 1) Is this clause something I should be concerned with?
2) Was the additional paragraph request reasonable?
3) If they refuse to add the additional paragraph, could I still sign the agreement and not be worried about getting bilked out of my settlement?
Thanks for your time and sorry for the lengthy question, I just didn’t know how else to ask it?