C.A. 3rd;
C074846

The Third Appellate District affirmed a judgment. The court held that a relative with a personal care power of attorney only lacked the authority to admit an elderly dementia patient to a residential care facility.

In 2006, Barbara Lovenstein executed a health care power of attorney (POA) appointing her niece, Robin Hutcheson, as her attorney-in-fact to make health care decisions for her under the Health Care Decisions Law (HCDL). In 2010, Lovenstein executed a personal care POA designating her sister, Jean Charles, and Hutcheson as her attorneys-in-fact under the Power of Attorney Law (PAL). By 2012, Lowenstein had developed dementia and was also suffering seizures. She was living with Charles, who made the decision to admit Lovenstein to Eskaton FountainWood Lodge, a licensed residential care facility for the elderly. FountainWood agreed to provide personal care and dementia care for Lovenstein and to administer her medications. Lovenstein died less than two months later. Hutcheson and Charles sued FountainWood for elder abuse and other causes of action.