Guest guest Posted October 25, 2004 Report Share Posted October 25, 2004 Donna noted: Do you know a DPA is not even enforceable if your Mom can understand and does not want it used? Your sister would have to take her in to court and have her deemed incompetent. ************************* Oh, I know that!!! At this point, it might be easier to prove incompetence than it would have been at the time I had my mom sign several homemade release of medical information forms - one for the original diagnosing neurologist and one for our regular primary doctor. The fact is, my mom would know what she was signing (at least I am pretty sure that would be the case) but since she is a lot worse now, it might be harder to prove she is compentent. A further complication is the fact that my mom thinks my sister does know a lot and is happy to have her in charge! Anyway, for now I am holding off on doing anything that would completely destroy our family. I can manage. I have already decided that I will likely just go ahead and make my mom's physical exam appointment for December and tell my sister she has to keep the appointment. If she reschedules but for January, I will grit my teeth and say nothing. If she cancels the appointment outright - well - then I will have to decide if I do want to start a fight with my sister. I actually hope I never have to do so because in truth, she IS an excellent lawyer. Now, she is a labor lawyer - works for a number of unions - but she is intelligent (about legal things and many other things, too -just not dementia!) but it is possible that a court fight would not produce a desired outcome. Oh well. . . carol Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 25, 2004 Report Share Posted October 25, 2004 Donna noted: Do you know a DPA is not even enforceable if your Mom can understand and does not want it used? Your sister would have to take her in to court and have her deemed incompetent. ************************* Oh, I know that!!! At this point, it might be easier to prove incompetence than it would have been at the time I had my mom sign several homemade release of medical information forms - one for the original diagnosing neurologist and one for our regular primary doctor. The fact is, my mom would know what she was signing (at least I am pretty sure that would be the case) but since she is a lot worse now, it might be harder to prove she is compentent. A further complication is the fact that my mom thinks my sister does know a lot and is happy to have her in charge! Anyway, for now I am holding off on doing anything that would completely destroy our family. I can manage. I have already decided that I will likely just go ahead and make my mom's physical exam appointment for December and tell my sister she has to keep the appointment. If she reschedules but for January, I will grit my teeth and say nothing. If she cancels the appointment outright - well - then I will have to decide if I do want to start a fight with my sister. I actually hope I never have to do so because in truth, she IS an excellent lawyer. Now, she is a labor lawyer - works for a number of unions - but she is intelligent (about legal things and many other things, too -just not dementia!) but it is possible that a court fight would not produce a desired outcome. Oh well. . . carol Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 26, 2004 Report Share Posted October 26, 2004 Kath noted: In other words, if you go ahead and make the appointment, and she doesn't change it GREAT...but if you don't make the appointment then there is no way that she will get to the doctor's. ********************* And so I AM going to make an appointment - since it will be for December, I have a little breathing room!!! I am also going to have a discussion with our doctor about my feeling that it would be very helpful for my mom to see a specialist - at least occasionally. My hopes were buoyed at the beginning of last summer when my sister said my mom would be seeing the neurologist with whom our doctor consults but then my sister never got around to making an appointment and my mom ended up in the hospital. Moreover, it seems the only reason my mother would have seen the neurologist was to see if she had PD and not to do any checking vis a vis her dementia. My mom got tested for PD in the hospital so I am sure my sister feels that is no need to see another neurologist ever again. Hopefully I can convince our doctor otherwise!!!! Thanks! carol Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 26, 2004 Report Share Posted October 26, 2004 Hi Carol I just wanted to quote someone on here (but don't remember who said it first) " we are only responsible for the effort not the outcome. " In other words, if you go ahead and make the appointment, and she doesn't change it GREAT...but if you don't make the appointment then there is no way that she will get to the doctor's. Right? If it causes a fight and a major battle...well you can rest assured that you did everything in your power that you could... Kath in Toronto cbhillman wrote: Donna noted: Do you know a DPA is not even enforceable if your Mom can understand and does not want it used? Your sister would have to take her in to court and have her deemed incompetent. ************************* Oh, I know that!!! At this point, it might be easier to prove incompetence than it would have been at the time I had my mom sign several homemade release of medical information forms - one for the original diagnosing neurologist and one for our regular primary doctor. The fact is, my mom would know what she was signing (at least I am pretty sure that would be the case) but since she is a lot worse now, it might be harder to prove she is compentent. A further complication is the fact that my mom thinks my sister does know a lot and is happy to have her in charge! Anyway, for now I am holding off on doing anything that would completely destroy our family. I can manage. I have already decided that I will likely just go ahead and make my mom's physical exam appointment for December and tell my sister she has to keep the appointment. If she reschedules but for January, I will grit my teeth and say nothing. If she cancels the appointment outright - well - then I will have to decide if I do want to start a fight with my sister. I actually hope I never have to do so because in truth, she IS an excellent lawyer. Now, she is a labor lawyer - works for a number of unions - but she is intelligent (about legal things and many other things, too -just not dementia!) but it is possible that a court fight would not produce a desired outcome. Oh well. . . carol Welcome to LBDcaregivers. Quote Link to comment Share on other sites More sharing options...
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