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 Posted: Fri Dec 18, 2009 9:56 am Post subject: Is he considered Competent |
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| Hi ya'll! have a question. I went to a Dr's appt, with a 'Client' recently. When the 'Client' went into the Examining Room, he wanted me to stay out in the waiting room (which was fine with me). the 'Client' is in the '1st sages' of Alzhimiers..just getting to the point where he is forgetting alot of things. He came out and said the Dr had him sign some paperwork, but, he couldn't remember why. I talked to his Dr and the Dr told me he realizes the 'Client' has Alz, however, it was 'OK' that he signed. The paperwork was some kind of Waiver for something..i wasn't clear about that. I don't think the 'Client' was even competent to sign ANYTHING. The only person this 'Client' has, on HIS behalf, is me. Can I 'dispute' this with someone? |
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sdchargersfan
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Joined: 21 Aug 2007
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| Posted: Fri Dec 18, 2009 1:10 pm Post subject: |
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you need to talk to your supervisor NOW about this SD
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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Location: Missouri
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| Posted: Sat Dec 19, 2009 10:26 am Post subject: insurance |
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| I did just that, LORI!! I spoke to her, explained what happened, and i had to write up a 'non-witness' (which mean I didn't actually SEE what was signed) Incident Report. My Supervisor told my 'Clients' caseworker and they are 'going from there'. |
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sdchargersfan
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Joined: 21 Aug 2007
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| Posted: Sun Dec 20, 2009 10:58 pm Post subject: |
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My guess is that until he is declared unable to manage his own affairs he will be bound by any contract he enters into. the Key is that he knew what he was doing when he signed the waiver, not whether he can remember later.
While I feel it's very suspect that the doctor had him sign a waiver, Capacity is material at the time of agreement only. If you wanted to void the waiver I expect you'd have to get a lawyer invloved.
That said, it's highly advisable of course that this man have someone who has his best interests at heart present with him at any similar situation
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heidrek
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Joined: 19 Oct 2009
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| Posted: Mon Dec 21, 2009 12:52 am Post subject: insurance |
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| Well.....I agree. He SHOULD have someone as his POW. However......him and his children don't get along. He says, "I don't trust any of them." Because of my 'position', I can't really influence him to 'favor' anyone. Hopefully my Supervisor and his Caseworker will come up with something. |
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sdchargersfan
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| Posted: Tue Dec 22, 2009 12:22 am Post subject: |
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yeah, here's hoping. i hate situations where someone uses another persons disadvantage to exploit them. Lowest of the low.
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heidrek
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| Posted: Tue Dec 22, 2009 11:40 am Post subject: insurance |
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| You're right, HEIDRREK. I've seen time and time again. I think the thing that 'gets me most' is when it's a family memeber who takes advantage. |
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sdchargersfan
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Joined: 21 Aug 2007
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