[Fredslist] Re: Renatto for wonderful advice from Vincent Averaimo re Friend needs advice on nursing home situation re her spouse

[Anne Bonfiglio]

Thank you.

The wife is going to follow this advice and is so relieved!!

WOW!!

KNOWLEDGE IS POWER.

Best Regards,
Anne Bonfiglio



On 2/18/12, Vincent Averaimo <vincent at milfordlegal.com> wrote:
> You would do an involuntary conservatorship which would not require her
> husbands signature but would require a physicians report which will say the
> husband is unable to care for himself.  This could be obtained from his
> primary care physician.
>
> As for a time frame it really depends on the court but if I remember
> correctly the application and hearing have to be filed and heard within 60
> days from the doctors report.
>
> Like I said before this is how it is in CT but I think NY has a very similar
> procedure.
>
> You are very welcome and best of luck!
>
> Vinny
>
> ----- Original Message -----
> From: Anne Bonfiglio [mailto:abonfiglio at fredslist.com]
> Sent: Saturday, February 18, 2012 10:19 AM
> To: Vincent Averaimo
> Subject: Re: [Fredslist] Friend needs advice on nursing home situation re
> her spouse
>
> I cannot thank you enough for this insight. The wife is thankful and
> has these two questions:
>
>
> Does this conservatorship require the the patient who may have memory
> problems to sign the document?
>
> How long does this process take?
>
> thx again, Anne Bonfiglio
>
>
>
>
>
> On 2/18/12, Vincent Averaimo <vincent at milfordlegal.com> wrote:
>> Anne:
>>
>> Generally the spouse will have some "say" over medical care in a nursing
>> home.  It seems odd that the nursing home would just eliminate the
>> prescription of drugs especially if prescribed by the patients primary
>> care
>> physician.
>>
>> I would do two things:  (1) I would speak with his primary physician, let
>> them know what was done with his meds.  Sometimes the physician will set
>> the
>> nursing home "straight."  (2) I would have the spouse complete a
>> conservatorship application with the Probate Court (that is what it is
>> called in CT - not sure about New York) to be appointed as Conservator of
>> the Estate and Person.  That gives the spouse the explicit legal authority
>> not only to deal with financial issues, but also, medical issues including
>> medication.  It gives the spouse the right to make the decisions as if the
>> nursing home patient was able to make those decision himself.
>>
>> The issues with the memory lapse could present a problem in letting the
>> nursing home patient make decisions relative to his care.  But, with a
>> conservatorship, that eliminates that issue.
>>
>> A couple of years back, I had a family who wanted their loved one to take
>> certain vitamin supplements in the nursing home and despite his primary
>> physician indicating that there would be no "bad" effects with medication
>> if
>> he were to take same the nursing home refused.  We applied for a
>> conservatorship, same was approved by the Court and then sought and
>> obtained
>> an order by the Court allowing the patient to be allowed to take such
>> vitamin supplements without any interference with the Nursing Home.
>>
>> I hope this helps.
>>
>> Vinny
>>
>> Vincent J. Averaimo, Esq.
>> Kapusta, Otzel & Averaimo
>> 250 Broad Street
>> Milford, CT 06460
>> (203) 874-6773
>> (203) 874-5765 - Facsimile
>> vincent at milfordlegal.com
>> www.milfordlegal.com
>>
>>
>> ________________________________________
>> From: Anne Bonfiglio [abonfiglio at fredslist.com]
>> Sent: Friday, February 17, 2012 9:27 PM
>> To: fredslist
>> Subject: [Fredslist] Friend needs advice on nursing home situation re her
>>    spouse
>>
>> My good friend has a husband in a nursing home, who at times has some
>> memory lapses. He has been prescribed medication for memory loss by
>> his personal physician.
>>
>> Now the nursing home arbitrarily eliminated the meds.
>>
>> My friend wants to know if there is a law that states that when I
>> spouse is alive, does the spouse have decision making power.
>>
>> OR when a person is admitted to a nursing home, does one give that power
>> away???
>>
>> He is currently on Medicaid, I believe....not positive.
>>
>> Any advice in this case would be most appreciated.
>>
>> Thank you.
>>
>> Anne Bonfiglio
>> Exec dir./PSA
>> www.psapartnership.org
>>
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>