Submitted by Anonymous on Fri, 09/18/2009 - 08:59
Posted in
Hopefully someone can help in this unique situation. My mother is in a mental health nursing home. She was transferred from her assisted living facility. Her current proxy just happens to be an administrator in the family of nursing homes my mother is being kept in. She has neglected to contact the family regarding any recent hospitalizations.
The nursing home is keeping the family out of the loop.
I wish to be her health care proxy, but since it's a mental health facility, and she isn't able to make decisions of her own, I feel my hands are tied. I lack the funds to hire a lawyer, and want to file before the courts myself. Does anyone know the proper papers I need to file to get her care back in the hands of the family?
Editor's Response
Depending on the timing of the execution of the health care proxy and the specific facts of the situation you describe, Massachusetts General Laws, Chapter 201D, Section 3 may be relevant:
No person who is an operator, administrator or employee of a facility may be appointed as health care agent by an adult, who, at the time of executing the health care proxy is a patient or resident of such facility or has applied for admission to such facility unless said operator, administrator or employee is related to the principal by blood, marriage or adoption.
Section 17 of Chapter 201D allows you challenge the proxy:
The health care provider, the conservator for, or guardian of the principal, members of the principal’s family, a close friend of the principal, or the commissioner of public health may commence a special proceeding in a court of competent jurisdiction, with respect to any dispute arising under this chapter, including, but not limited to, a proceeding to:
(i) determine the validity of the health care proxy;
(ii) have the agent removed on the ground that the agent is not reasonably available, willing and competent to fulfill his or her obligations under this chapter or is acting in bad faith; or
(iii) override the agent’s decision about health care treatment on the grounds that: the decision was made in bad faith or the decision is not in accordance with the standards set forth in section five.
As for attempting to resolve this matter on your own . . . That could be a challenge. If you cannot afford an attorney, try looking at the website for MassLegalHelp.org for information about obtaining legal aid. Good luck.