The horrifying news came in one single sheet of paper. The nurse stationed on the floor at the hospital where my nephew would have laid nearly lifeless blocked my sister`s passage to her son`s room as she arrived for her usual daily visit holding out the paper for my sister to take.
"Your son is no longer here", the nurse told my sister flashing the paper as if in victory.
"Where is my son? What have they done to him?" my sister insisted.
"Read the paper" said the nurse, as she turned her back to my sister and walked away.
My sister tells me that she recoiled, her heart hit the floor when she realized that the hospital had finally made good on their threat to kick my nephew out of the hospital onto the curb as the threats that were made initially following brain surgery for lack of insurance as I wrote on two occasions previously more than two months ago.........
It has now been more than two months since I wrote this diary on February 23 and immediately followed-up the next day with an Update under the same title as my nephew ("Tony") was barely clinging to life after undergoing emergency brain surgery in a San Antonio,Texas hospital.
Earlier on February 23-24 I wrote about my skeptical reaction when my sister told me that Tony`s wife had transferred all medical decisions to her under a power of attorney agreement. That prompted me to tell her that I was leery of Tony`s wife washing her hands off her marriage responsibilities to care for her husband in such a tragic situation.
I also noted that my sister expressed that it was the only route that she wanted, and on March 12, 2013 accompanied Tony`s wife to the office of a Notary Pubic who drew the legal document entitled: "Power of Attorney Establishing Custodianship" wherein my sister was transferred full custody, health care, and general welfare in addition to waiving all of her rights to my sister with respect to Tony`s medical care. This document is signed by Tony`s wife under penalty of perjury to be true.
I have a copy of the notarized document sent to me by my sister. Even if not being a lawyer I read the four page document. Nowhere does it says that Tony`s wife can change or revoke the transfer of Tony`s and her rights to my sister. I am not implying that she cannot revoke the agreement because she can. But nothing to this effect is shown in this document.
There is nothing stipulating that she can somehow give directions or treatment requests for Tony to Doctors or make any demands of the hospital. I read the document to mean that only my sister could dictate or make any decision or demands to doctors with respect to her son
Wanting to do a little research on the issue of power of attorney concerning my sister`s case, I found the appropriate avenue in the Texas Medical Association where the legal definitions and wranglings are explained fully for any layman to understand on this complicated issue of Power of Attorney.
When does the Medical Power of Attorney go into effect and how long is it effective?
It is effective immediately after it is executed and delivered to the agent. It is effective indefinitely unless it contains a specific termination date, it is revoked, or the principal becomes competent.
My sister, as the "agent" in this matter has all legal rights under this filing. Which brings me to the reason I write this painful, confusing and continuing ongoing dilemma of a poor single eldery mother who is staying strong despite looking into the eyes of death as she witness' her son`s slowly demise if his health care is denied......
I need to take you back to my opening statement in the first paragraphs of this diary to
point out our beliefs that are the reasons the hospital nurse told my sister, that:
"Your son is no longer here".......
When my sister read that sheet of paper that the nurse handed to her, it was an unsigned written instruction to the location where Tony had been transported. Nothing else was on that paper, no signature as official order, nor who authorized the move.
Casa Rio
Health Care Rehabilition
New Braunsfels Rd &
Hot Wells.
San Antonio, TX
My sister was shocked beyond words as she asked the nurse who had authorized this move without her knowledge, arguing with the nurse that she was the sole custodian with the right to make that decision to move her son to a rehabilitation center in his present medical condition.
What the nurse responded confirmed my sister`s suspicions that the hospital wanted to dump Tony and discontinue his treatment just as my sister had feared for so long.
The nurse, and not a doctor told my sister that Tony`s wife had consented to the move.
Based on this statement by the nurse, that Tony`s wife consented, I would support my sister`s protests because the entire hospital staff assigned to Tony`s care knew that my sister was the true agent in this controversy. Even the Doctors knew. And they knew that Tony had just recently been approved to be an SSI and Medicaid recipient who could now pay the hospital for his treatment.
But my sister at this point was mentally exhausted, wanting to race over to the address and see that Tony had arrived there safe, and decided not to create a negative spectacle that day.
My sister was not shown proof of this move by either a written doctor`s memo, or a revocation order signed by Tony`s wife to terminate my sister as the sole agent in this matter.
Casa Rio Rehabilitation center was found to be a clean orderly health care facility by my sister. More conveniently for my sister because this facility is much closer for her driving as opposed to the County Hospital where Tony previously was that is located basically at the edge of San Antonio. Case Rio is much closer in proximity.
But she felt that this place was not suited for Tony because here patients go to get rehabilitation for their ills, or sickness. Tony was literally shackled, hooked up to numerous breathing tubes, feeding tubes and brain dead to a rehab center where he is surely going to be just another commodity generating revenue for this institution which will only suck on the SSI and Medicaid benefits granted to Tony so he could continue with he treatment at the hospital.
But this is only my personal opinion as I am more than a thousand miles away.
My sister always asks me for legal assistance or help on questions of law, despite knowing that I am not a lawyer. But she is my sister. I give her all I`ve got and I am lucky to have the Daily Kos community to ask. I then brag to my sister with the answers I get from you guys.
The main question she asks is whether she can challenge the move of her son from the hospital to a Rehab center in his condition, and whether Tony`s wife could legally give permission for that move.
As her brother, I must be candid and admit that once the hospital decided to act, she has no remedy based on her poverty. I doubt that she can sue. I even doubt that any court would entertain any request for relief. Relief for what?
I ask myself, not knowing in my heart the pain of my sister, what it is that she wants in view of what she has already gone through. But I need to have her mind occupied with my phone calls and advise I get from this community.
As I am writing this, the phone rings. She laughs, but I know it is only a front. She wants to know if I already posted this diary and if I have any advise for her.
She reaffirms her concern that the hospital lied to her in order to kick Tony out. She has not seen evidence of what she was told.
In closing this diary. I ask the reader: If you wish to comment -- what would you do if you were in my sister`s shoes and your son was in my nephew`s hospital bed? I know it is an unfair question, but I need to know what people think about this situation. Sorry, you don`t have to use a son to imagine what you would do. Think whatever you think is best that I tell my sister.
I thank you from the bottom of my heart not only for reading this, but those who made all those comments and advise my sister on the Medicaid situation, she wants you to know that without your advise she would still be lost in that area.
She is now feeling more secure although she know of no liability against her to pay for the hospital bill now that Tony is no longer there...
Thank you