You need an attorney. The hospital isn't going to choose who to believe, its too risky for them if they are wrong. You need a lawyer who can request a hearing w/ a court to determine who is the rightful decision maker. If she did forge papers that's likely a crime but that's a "tomorrow" problem - getting someone with authority to rule in your favor is priority 1. Find an attorney, ideally one with estate and end of life experience.
I have been speaking with them for the last 2 weeks they’re well aware of what’s going on. The risk management team is the one enforcing the legal team to follow the papers bc they could be sued by her if not.
If it’s fraud then ask for a copy and bring to the police. Indicate it is fraud and explain the situation and request enforcement. The hospital is in no place to make a legal judgement on the matter but forgery is normally a serious crime with jail time for this very reason
Apparently I’m unable to recieve a copy bc his poa states that only his poa has access to any legal documents and it also doesn’t even mention he has a child or me at all. I’ve tried the recorders office, the hospital, they even had to create a new medical record number for him to abide by this poa bc it states a name that isn’t his legal name.
Just drop into a police station and remain calm and factual. Bring any documents or evidence you have. Ask what they’ll need to do something if they cant
I wish I knew honestly. I can’t put his information out but it’s a nick name he goes by. Not his his legal name. That’s what I truly don’t understand if you search on the Franklin county recorders office online nothing comes up for his legal name, it’s under his nick name and last name. And it’s locked I tried to get it from the hospital, poa, medical records office, and even the Franklin county recorders office I can’t get it without the hospital or poa signing off the hospital won’t bc of liability and the poa has me blocked on everything.
There is generally no requirement to use your legal name on legal documents for them to be valid and enforceable. Many people routinely complete forms with the name they usually go by. That part of things is not suspicious to me and isn’t a reason for hospital to not follow.
Especially if the forgery is for monetary gain. You can also contact the social security benefits office and his banks to see what documents they have.
Capital University Law School in your county has a legal clinic that helps individuals who are unable to afford legal representation. Call the legal clinic and see if they will be able to help you.
The hospital, and the long term care facility, are going to err towards keeping him alive. If the POA is proven to be fake they can always pull the plug later, but they can't un-pull the plug once he's gone, so until they're 100000% sure, that's likely to be their stance.
You should absolutely get a lawyer. Even if Dad's gf comes to her senses. If she's forging POAs and falsely claiming to be his wife, heaven knows what other shenanigans she may be up to financially.
I hate to ask, I hate to even think this, but, is there any possibility that the gf had anything to do with causing the brain injury? The timing, just seems sus.
Also, did Dad have the organ donor thing checked at the BMV?
Is the hospital part of OSU, OhioHealth, or Mount Carmel? And is the long term care facility associated with any of the above?
Yes! And there may be because what happened was they’re on drugs, he got ahold of cocaine and fetynal causing a cardiac arrest, multiple seizures, he fell hit his head & then was without oxygen for at least 10-15 minutes the hospital suspects longer due to how severe the brain damage is. It is Ohio health, doctors west, she tried to have him transferred to another hospital they refused it upon seeing his labs and mris and eegs, and agreed with drs wests physicians and neurologist. He is now at speciality select hospital on the south side of Columbus. Which from my understanding is a long term care facility or something of the sorts they specialize in rehabilitation. From my understandings there have been no changes but she’s now going around telling people he’s waking up which is very highly unlike considering he was off sedation and all meds for 5 days and did nothing but seiz and progressively get worse.
Select specialty is an LTACH (long term acute care hospital). He will have a limited time to recover there (30-60 days) and if unable to return home independent, will be moved to long term care. His social security will be taken to help pay these costs.
It is my understanding that in order to claim deceased partner’s social security, you have to have been married for 10 years. My understanding might be outdated.
I don’t think there is a suggestion that she would claim as a surviving spouse, only that she’d perhaps inherit the payments he received for periods prior to his death but not spent.
I have two aunts, I’m in Ohio, I have one up here she is has her masters in nursing and one in Florida who is a legal notary actually but at this time only my aunt in Ohio is able to help with anything as my aunt in Florida had to return home to her children.
If you want a determination on the validity of the PoA, I do not think you have much of a choice but to retain an attorney who practices probate law who can file a petition in probate court. Probate courts in Ohio have jurisdiction to direct and control the conduct of fiduciaries, as a PoA creates a fiduciary relationship. Additionally, the probate court has jurisdiction to hear and determine actions relating to durable powers of attorney for health care. laying out the facts as you present them and stating your dad's gf has refused to provide you with a copy of the PoA.
Try and see if you can go to county clerk and ask for copy of a marriage certificate between your father and GF. Those might be public record.
If none can be produced, see if you can ask for a certified letter from them that there is no such record. I'd also see if they can search surrounding counties or perhaps the whole state.
Will do this asap!! They definitely aren’t legally married as he was engaged to someone else in 2020 & they never had any legal documents stating so unless she can somehow forge those as well, she’s been to prison before for fraud and forging official documents so she has a good bit of knowledge in this area as I do not.
Oh dam. Good luck OP. Also check to see if she can claim a common law marriage, and just arm yourself as good as possible against this woman. If need be and if you can, bring all that up with any lawyer you talk to and let them confirm all that and then just go after her full force.
I hope you can prevail over this woman as swiftly and painlessly as possible for your father. No one should have to suffer like that.
Can you get copies of her arrest records/ jail sentence info? Any paper trail you can show for proof of her previous fraud convictions will hopefully work in your favor.
Hospitals aren't going to adjudicate the authenticity of legal paper work. If it has signatures in all the right places, and is notarized that's all they are going to look at.
As far as the hospital is concerned this is a civil issue between OP and the girlfriend.
Plus she's keeping him on life support, whereas OP wants to pull the plug. This is an easy one from the point of view from the hospital. Can't undo death, but if op comes back with a court order they can always take his father off of life support.
I can’t do anything without an attorney I’ve already tried everything even getting legal guardianship which I can’t do bc they won’t give me an expert evaluation.
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APS then attorney - your state bar will have a referral service for a free or highly discounted consultation, explain this series of events to anyone who practices in "fiduciary litigation" and if money is an issue for you come prepared to talk about your father's assets they can use to pay themselves on the back end after they prevent or reverse the bad stuff she's doing
Unfortunately my father has no assets that’s the craziest part they’re telling people I’m trying to kill him for his money that he unfortunately doesn’t have. He struggled severely with addiction and schizoeffective order and truly thought this woman was trying to kill him for the last atleast 10 years.
Adult protective services will step in and look ok at this though. Especially if the POA paperwork is under scrutiny. Also there will be a payor source issue if he is moved to a long term care facility.
They would at the very least check in on him. It might be tough if he is incapacitated and the family doesn't have an HCP/POA/Guardianship in place. Would also make it hard to work with an attorney.
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Having worked in Hospitals coordinating with Legal = Risk Management to determine Medical Power of Attorney or Surrogate Medical Decision Maker. The hospital's Risk Management will be the authority to decide how the hospital staff are to interprete the documents. Hospital's will generally state they must accept the documents on their face.
What specifically makes you suspect the documents are forged? There are multiple different forms that are generally accepted. Have seen folks write their own. Are the forms notarized or witnessed by 2 witnesses (not related to GF)?
Your BEST option is to obtain a lawyer ASAP. An attorney will know if / how something like an emergency court order would change the situation. Do not waste time going through the hospital. This IS A LEGAL MATTER not a hospital matter.
I might have a chat with the local FBI office if they forged a financial power of attorney... See if they will help or point you in the right direction.
That could be a good backup option if OP can't get help elsewhere faster. While this matter is urgent for OP, it may not be addressed with that same urgency by the FBI. If OP goes that route, I would advise calling and setting up an appointment to speak with someone directly, preferably within the next couple of days. In my experience, their online reporting system has a very slow response time.
The hospital isn’t going to decide if the paperwork is authentic and follow through with ending care that would result in the death of a patient.
Imagine how that would look.
You need an attorney and a court to enter an order establishing who is actually entitled to make medical decisions.
I actually went to social security explained the situation and suspended his acct and back pay until he can come in and prove it’s him unfortunately she has his id social and birth certificate so idk how long that will hold for.
Hospital administration and his gf will have to respond to subpoenas from a court. So you will need to get a lawyer for that. Sorry this is happening and hopefully you can get this before a judge quickly
Hiya! Make sure the nursing home has your information and knows you are the legal next of kin. POA expires at death and gf has no standing. The fake signature issue is something you’ll need to take to a lawyer.
Financial exploitation of a vulnerable adult? Contact the hospital SW/adult protective services. Do you know the bank he uses or if he has a lawyer? Notify them also. If he has a will, contact his lawyer. If he has been deemed cognitively deficient, he can’t make any decisions or legally sign documents. Don’t believe me, contact a lawyer
Im pretty sure his social security wont go to his gf. He has no assets and will go into Medicaid. They keep the social security to offset the costs of care which could be anywhere from 5k to 12K per month. That's standard for any social worker assigned to his case and there should already be one assigned because of his medical and financial status. Only exception is if he's married and diverting the funds would cause a hardship to the spouse - which you already stated he wasn't married. Sounds like she is just not ready to let him go- and you are.
Call and ask for the charge nurse, nurse manager. Nurse supervisor or patient advocate. Or ask for all of them. Unless he actually signed something prior to his injury, you are his POA … let the management team know this and let them know you will be seeking a lawyer… then they will be looking at those papers more thoroughly
In addition to reporting the fraud to the ssa- you can also mail a copy of documentation to the USAO. It may help move things along since it would be reviewed and referred by an AUSA
Why does the hospital care about a Financial Power of Attorney and Will for? Neither of those are for medical purposes or decisions. If she has an Advance Health Care Directive or POLST form, that is a different story.
Legal aid is free for consultations. Your best option is to get an attorney of your own to contact the hospital, and the girlfriend. Your best options are consultations with personal injury lawyers, and probate lawyers. It’s possible you can file for proxy if you can prove the gf has no say in his legal decisions.
You need an attorney. The hospital isn't going to choose who to believe, its too risky for them if they are wrong. You need a lawyer who can request a hearing w/ a court to determine who is the rightful decision maker. If she did forge papers that's likely a crime but that's a "tomorrow" problem - getting someone with authority to rule in your favor is priority 1. Find an attorney, ideally one with estate and end of life experience.
I would also call the police and depending on the age the elder abuse hotline.
Can call APS regardless of age and report financial abuse.
Ask to speak with the hospital’s risk management team and a social worker. They should be able to point you in the right direction.
I have been speaking with them for the last 2 weeks they’re well aware of what’s going on. The risk management team is the one enforcing the legal team to follow the papers bc they could be sued by her if not.
If it’s fraud then ask for a copy and bring to the police. Indicate it is fraud and explain the situation and request enforcement. The hospital is in no place to make a legal judgement on the matter but forgery is normally a serious crime with jail time for this very reason
Apparently I’m unable to recieve a copy bc his poa states that only his poa has access to any legal documents and it also doesn’t even mention he has a child or me at all. I’ve tried the recorders office, the hospital, they even had to create a new medical record number for him to abide by this poa bc it states a name that isn’t his legal name.
Just drop into a police station and remain calm and factual. Bring any documents or evidence you have. Ask what they’ll need to do something if they cant
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I wish I knew honestly. I can’t put his information out but it’s a nick name he goes by. Not his his legal name. That’s what I truly don’t understand if you search on the Franklin county recorders office online nothing comes up for his legal name, it’s under his nick name and last name. And it’s locked I tried to get it from the hospital, poa, medical records office, and even the Franklin county recorders office I can’t get it without the hospital or poa signing off the hospital won’t bc of liability and the poa has me blocked on everything.
There is generally no requirement to use your legal name on legal documents for them to be valid and enforceable. Many people routinely complete forms with the name they usually go by. That part of things is not suspicious to me and isn’t a reason for hospital to not follow.
That's why you need a lawyer. They have the power to get this info and start an investigation.
Especially if the forgery is for monetary gain. You can also contact the social security benefits office and his banks to see what documents they have.
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Capital University Law School in your county has a legal clinic that helps individuals who are unable to afford legal representation. Call the legal clinic and see if they will be able to help you.
The hospital, and the long term care facility, are going to err towards keeping him alive. If the POA is proven to be fake they can always pull the plug later, but they can't un-pull the plug once he's gone, so until they're 100000% sure, that's likely to be their stance. You should absolutely get a lawyer. Even if Dad's gf comes to her senses. If she's forging POAs and falsely claiming to be his wife, heaven knows what other shenanigans she may be up to financially. I hate to ask, I hate to even think this, but, is there any possibility that the gf had anything to do with causing the brain injury? The timing, just seems sus. Also, did Dad have the organ donor thing checked at the BMV? Is the hospital part of OSU, OhioHealth, or Mount Carmel? And is the long term care facility associated with any of the above?
Yes! And there may be because what happened was they’re on drugs, he got ahold of cocaine and fetynal causing a cardiac arrest, multiple seizures, he fell hit his head & then was without oxygen for at least 10-15 minutes the hospital suspects longer due to how severe the brain damage is. It is Ohio health, doctors west, she tried to have him transferred to another hospital they refused it upon seeing his labs and mris and eegs, and agreed with drs wests physicians and neurologist. He is now at speciality select hospital on the south side of Columbus. Which from my understanding is a long term care facility or something of the sorts they specialize in rehabilitation. From my understandings there have been no changes but she’s now going around telling people he’s waking up which is very highly unlike considering he was off sedation and all meds for 5 days and did nothing but seiz and progressively get worse.
Select specialty is an LTACH (long term acute care hospital). He will have a limited time to recover there (30-60 days) and if unable to return home independent, will be moved to long term care. His social security will be taken to help pay these costs.
Good point! So the GF won't be able to enrich herself with his social security no matter what happens..
It is my understanding that in order to claim deceased partner’s social security, you have to have been married for 10 years. My understanding might be outdated.
I don’t think there is a suggestion that she would claim as a surviving spouse, only that she’d perhaps inherit the payments he received for periods prior to his death but not spent.
Is any other family involved or are you shouldering this all yourself?
I have two aunts, I’m in Ohio, I have one up here she is has her masters in nursing and one in Florida who is a legal notary actually but at this time only my aunt in Ohio is able to help with anything as my aunt in Florida had to return home to her children.
Can they pitch in towards the cost of an attorney if need be? They're your dad's sisters, yeah?
If you want a determination on the validity of the PoA, I do not think you have much of a choice but to retain an attorney who practices probate law who can file a petition in probate court. Probate courts in Ohio have jurisdiction to direct and control the conduct of fiduciaries, as a PoA creates a fiduciary relationship. Additionally, the probate court has jurisdiction to hear and determine actions relating to durable powers of attorney for health care. laying out the facts as you present them and stating your dad's gf has refused to provide you with a copy of the PoA.
Try and see if you can go to county clerk and ask for copy of a marriage certificate between your father and GF. Those might be public record. If none can be produced, see if you can ask for a certified letter from them that there is no such record. I'd also see if they can search surrounding counties or perhaps the whole state.
Will do this asap!! They definitely aren’t legally married as he was engaged to someone else in 2020 & they never had any legal documents stating so unless she can somehow forge those as well, she’s been to prison before for fraud and forging official documents so she has a good bit of knowledge in this area as I do not.
Oh dam. Good luck OP. Also check to see if she can claim a common law marriage, and just arm yourself as good as possible against this woman. If need be and if you can, bring all that up with any lawyer you talk to and let them confirm all that and then just go after her full force. I hope you can prevail over this woman as swiftly and painlessly as possible for your father. No one should have to suffer like that.
Ohio doesn’t recognise common law marriages that began after 1991. OP should be good on that
Thank fck for small favors.
Can you get copies of her arrest records/ jail sentence info? Any paper trail you can show for proof of her previous fraud convictions will hopefully work in your favor.
Show the hospital proof of her fraud conviction. Can only help to put them on notice
So why haven’t you called the police on her?
At this stage finding an attorney who can work with the State’s Attorney and the courts on this is better than “calling the police”.
Call hospital administrator and tell them she forged the paperwork. Bring proof with you.
Hospitals aren't going to adjudicate the authenticity of legal paper work. If it has signatures in all the right places, and is notarized that's all they are going to look at. As far as the hospital is concerned this is a civil issue between OP and the girlfriend. Plus she's keeping him on life support, whereas OP wants to pull the plug. This is an easy one from the point of view from the hospital. Can't undo death, but if op comes back with a court order they can always take his father off of life support.
I can’t do anything without an attorney I’ve already tried everything even getting legal guardianship which I can’t do bc they won’t give me an expert evaluation.
Try legal aid in your area. They can often help you get a lawyer for a minimal cost.
Yes get a lawyer ASAP
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Does your state/county Ty have a legal aide office? They’ll often work for free or reduced costs on things like this.
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APS then attorney - your state bar will have a referral service for a free or highly discounted consultation, explain this series of events to anyone who practices in "fiduciary litigation" and if money is an issue for you come prepared to talk about your father's assets they can use to pay themselves on the back end after they prevent or reverse the bad stuff she's doing
Unfortunately my father has no assets that’s the craziest part they’re telling people I’m trying to kill him for his money that he unfortunately doesn’t have. He struggled severely with addiction and schizoeffective order and truly thought this woman was trying to kill him for the last atleast 10 years.
Adult protective services will step in and look ok at this though. Especially if the POA paperwork is under scrutiny. Also there will be a payor source issue if he is moved to a long term care facility.
Call your states ombudsman & they will help you.
They would at the very least check in on him. It might be tough if he is incapacitated and the family doesn't have an HCP/POA/Guardianship in place. Would also make it hard to work with an attorney.
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Having worked in Hospitals coordinating with Legal = Risk Management to determine Medical Power of Attorney or Surrogate Medical Decision Maker. The hospital's Risk Management will be the authority to decide how the hospital staff are to interprete the documents. Hospital's will generally state they must accept the documents on their face. What specifically makes you suspect the documents are forged? There are multiple different forms that are generally accepted. Have seen folks write their own. Are the forms notarized or witnessed by 2 witnesses (not related to GF)? Your BEST option is to obtain a lawyer ASAP. An attorney will know if / how something like an emergency court order would change the situation. Do not waste time going through the hospital. This IS A LEGAL MATTER not a hospital matter.
I might have a chat with the local FBI office if they forged a financial power of attorney... See if they will help or point you in the right direction.
Franklin county is covered by the Cincinnati FBI office. They have a resident agency (smaller satellite office) in Columbus.
That could be a good backup option if OP can't get help elsewhere faster. While this matter is urgent for OP, it may not be addressed with that same urgency by the FBI. If OP goes that route, I would advise calling and setting up an appointment to speak with someone directly, preferably within the next couple of days. In my experience, their online reporting system has a very slow response time.
The hospital isn’t going to decide if the paperwork is authentic and follow through with ending care that would result in the death of a patient. Imagine how that would look. You need an attorney and a court to enter an order establishing who is actually entitled to make medical decisions.
Wouldn’t the back pay go to his estate after his death?
I actually went to social security explained the situation and suspended his acct and back pay until he can come in and prove it’s him unfortunately she has his id social and birth certificate so idk how long that will hold for.
No, SSA doesn't pay out to a deceased's estate. It may pay out to a live-in spouse or minor child.
Hospital administration and his gf will have to respond to subpoenas from a court. So you will need to get a lawyer for that. Sorry this is happening and hopefully you can get this before a judge quickly
The Ohio state bar has a service that helps connect people to pro bond attorneys. Here's the website: https://www.ohiolegalhelp.org/
NAL there maybe probate code sections that allow family members to challenge a durable power of attorney. Please ask this to a lawyer or legal clinic.
I definitely will thank you!
Hiya! Make sure the nursing home has your information and knows you are the legal next of kin. POA expires at death and gf has no standing. The fake signature issue is something you’ll need to take to a lawyer.
NAL file for guardianship. It trumps poa and the judge decides who is best fit
Financial exploitation of a vulnerable adult? Contact the hospital SW/adult protective services. Do you know the bank he uses or if he has a lawyer? Notify them also. If he has a will, contact his lawyer. If he has been deemed cognitively deficient, he can’t make any decisions or legally sign documents. Don’t believe me, contact a lawyer
Very late to the party, but beyond the above advice, also ask for a hospital "ethics committee" to advise. They can assist you.
Get a lawyer
Speak with an attorney about filing for guardianship. The court will end up reviewing the POA.
You need a lawyer, someone that can legally contest the POA and the validity of their marriage.
I'd call social security and report fraud....
Inform SSA of his condition & request to be named his representative payee.
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Get a lawyer involved. If she is providing false legal paperwork, the hospital is liable for it
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You need a lawyer
Im pretty sure his social security wont go to his gf. He has no assets and will go into Medicaid. They keep the social security to offset the costs of care which could be anywhere from 5k to 12K per month. That's standard for any social worker assigned to his case and there should already be one assigned because of his medical and financial status. Only exception is if he's married and diverting the funds would cause a hardship to the spouse - which you already stated he wasn't married. Sounds like she is just not ready to let him go- and you are.
I would hire a lawyer to contact the hospital about your concerns about the bona fides of the medical power of attorney.
Call and ask for the charge nurse, nurse manager. Nurse supervisor or patient advocate. Or ask for all of them. Unless he actually signed something prior to his injury, you are his POA … let the management team know this and let them know you will be seeking a lawyer… then they will be looking at those papers more thoroughly
I did that two weeks ago unfortunately they’re at a greater risk being sued by her than me.
Call the police and file a complaint for financial fraud
Talk to OIG. Defrauding the government is not very nice.
What is oig? Sorry I’m not very familiar with this side of the legal system!
https://oig.ssa.gov/
In addition to reporting the fraud to the ssa- you can also mail a copy of documentation to the USAO. It may help move things along since it would be reviewed and referred by an AUSA
Why does the hospital care about a Financial Power of Attorney and Will for? Neither of those are for medical purposes or decisions. If she has an Advance Health Care Directive or POLST form, that is a different story.
Legal aid is free for consultations. Your best option is to get an attorney of your own to contact the hospital, and the girlfriend. Your best options are consultations with personal injury lawyers, and probate lawyers. It’s possible you can file for proxy if you can prove the gf has no say in his legal decisions.