My spouse's father was hospitalized a few months ago. He had a severe sinus infection and it depleted his Mg and caused him what seemed to be Dementia. Stroke was ruled out, but nevertheless, he had halllucinations for a few of the five nights in hospital. His dau-in-law has medical POA.
She later would tell us that she "signed papers" and that's why he spent a month in a rehab facility. They deemed it necessary to teach him to walk all over again. (This was unnecessary as I watched him stand and shave his beard after entering).
While he was in the rehab facility, items were taken from the house and moved around while the daughter was taking care of her mother who is legally blind and a diabetic. My fatherinlaw is home 6 weeks now and would like to reverse the Baker and POA.
She later would tell us that she "signed papers" and that's why he spent a month in a rehab facility. They deemed it necessary to teach him to walk all over again. (This was unnecessary as I watched him stand and shave his beard after entering).
While he was in the rehab facility, items were taken from the house and moved around while the daughter was taking care of her mother who is legally blind and a diabetic. My fatherinlaw is home 6 weeks now and would like to reverse the Baker and POA.
Additional information
Baker Act is 72 hours from what I have read, however, the daughter states he has lost his privileges to drive and have certain articles of his. If this is so, why hasn't he gotten any paperwork about it? He's doing for himself mostly and his wife but no one has stated the driving and other restrictions are lifted.
Baker Act is 72 hours from what I have read, however, the daughter states he has lost his privileges to drive and have certain articles of his. If this is so, why hasn't he gotten any paperwork about it? He's doing for himself mostly and his wife but no one has stated the driving and other restrictions are lifted.
Here was my response:
The Baker Act case is over. In Florida he would have a public defender that represented him at the hearing. Your Father-in-law can most likely confirm this with their office or the clerk's office (Clerk might be willing to explain this to you so long as you avoid making it specific to him). It will not be taken off his record but is sealed.
The Health Care Surrogate can be revoked. This is accomplished by conveying it to her. However, I would recommend it be followed in writing. A copy of the revocation should also be provided to each of his doctors so it is in his chart should something happen again down the road.
I would recommend that he see a Elder Law attorney to establish who should make medical and financial decisions if he is unable. The attorney should also talk to him about a preneed guardianship designation. This document doesn't put anyone in charge; however, should a guardianship later be filed it can be introduced as evidence of what he wanted to happen.
Based on what you have explained I do not believe he has had any rights removed as that would require an incapacity hearing. A Baker Act hearing is not a incapacity hearing.
The Health Care Surrogate can be revoked. This is accomplished by conveying it to her. However, I would recommend it be followed in writing. A copy of the revocation should also be provided to each of his doctors so it is in his chart should something happen again down the road.
I would recommend that he see a Elder Law attorney to establish who should make medical and financial decisions if he is unable. The attorney should also talk to him about a preneed guardianship designation. This document doesn't put anyone in charge; however, should a guardianship later be filed it can be introduced as evidence of what he wanted to happen.
Based on what you have explained I do not believe he has had any rights removed as that would require an incapacity hearing. A Baker Act hearing is not a incapacity hearing.
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