Where are the 2 physician statements that declared a person incompetent kept at? 3 Answers as of April 23, 2014

If it takes two physicians to certify in writing that the person is no longer capable of making their own decisions for the Power of Attorney for Health Care to go into effect, where are these physician’s certifications kept at? How does a family member request a copy of these certifications to find out whether the power of attorney for health care ever went into effect? Where would a family member request a copy of these certifications after the patient dies to find out if the power of attorney for health care ever went into effect? The nursing home kept blocking the daughter of resident from having any information regarding her mother consistently telling her that resident's son of resident was DPOA and to go through him. Son said kept saying he was not. Resident ended up dying. Now son says he was not sure if he was.

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Frederick & Frederick PLC | James P Frederick
You have a very strange situation on your hands. If the son did not know if he was agent or not, I do not know who would know. It is possible that the nursing home was mistaken in their assessment of the situation. It is possible that they believed the POA to be in effect, when it was not. Normally, the agent would have copies of the doctor's statements, and copies might be provided to anyone relying on the POA.
Answer Applies to: Michigan
Replied: 4/23/2014
Hamblin Law Office | Sally Hamblin
So sorry. Generally in the medical notes the treating physician will state medical facts of a diagnosis, like dementia, etc. Generally if properly done the patient advocate retains the original Medical Power of Attorney. Copies are generally given to each health care provider and may follow the person if placed in nursing home or rehab center. It appears the son may know more than he is willing to state. It is possible the son blocked the daughter to access the mother and gain information. Thus, he had some written power to do so based on the Statement by the nursing facility. Whether hospital records would have a copy of any medical power of attorney would be kept in medical records. Whether you can get a copy upon written request is questionable. You may need an attorney. Unless the son will be truthful, you have hurdles. Some nursing facilities director may give you copies of records, but not necessarily. All is worth going in person to see. Then contact an attorney. Good luck.
Answer Applies to: Michigan
Replied: 4/22/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
They are normally noted in the medical records of the deceased which are available to his estate.
Answer Applies to: Michigan
Replied: 4/22/2014
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