Boynton Beach, FL asked in Elder Law for Florida

Q: As POA, I requested moms nursing home to d/c a drug due to blackbox warnings and side effects. Can they refuse?

My mom has been living in a nursing home for a year. She was diagnosed with early-stage dementia and displayed some behavioral issues since admitted to the nursing home, such as, concern for her safety and paranoia. She was placed on various antipsychotic medications over the past year with substantial side effects. She is currently on low dose Risperal twice a day and I have been noticing more confusion along with an inability to communicate effectively. This behavior is also prevalent when my mother has urinary tract and GI infections, which she gets often.

In the past, I have communicated with the nursing home both verbally and via email. They no longer communicate with me via email.

I have requested a reassessment of her medications several times, to no avail. Does the nursing home have the right to ignore my requests, in particular, discontinuation of Risperdal, which has blackbox warnings and severe interactions with her current meds?

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1 Lawyer Answer

A: Find out who the doctor is who is prescribing the medication and have a talk with him or her about this. That is about all I can say short of hiring an attorney to write a demand letter. One of the common affects is trouble with the eyes but that is all I know, because it was prescribed to a family member and the reason for discontinuing it was that.

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