I am first DPOA, my younger brother is second, and as the POA is written he has authority to execute care for elderly mom until I arrive, then his duties end. Mom changed her POA which my eldest brother knew he was no longer a POA, he moved mom to another facility violating moms express wishes of the POA but the worst part is the nursing home she was in let this happen without checking the DPOA on file. Has anyone been through this or have suggestions of recourse? Transporting mom was not only against the plan of care being arranged, but also she is recovering from a broken hip. She does have a bad UTI which is causing disorientation which is normal for people in her age group and with her other medications for pain. Currently, she isn't eating or drinking well either. She has an IV for fluids and necessary medication and nutrients. Can I hold the nursing home responsible for releasing her, not for monetary reasons but due to violations? They also openly provide medical data to anyone and everyone against the ones who have set the record straight for who can get information on her test results etc.
If your brother maintained an old POA in his possession and presented it, there is no way the nursing home could have known he was not the legal POA; they do not go to courts checking on these things. It is your brother, who knowingly did this. And I doubt there is any recourse against him, monetarily of punishment wise. He will likely just claim he DIDN'T know he was not the POA. So I think you will waste a lot of time with all that.
Violation of HIPPA is another thing. You can report the home for this. You may want to contact an ombudsman to guide you forward. You will otherwise have to find out where in your State to report violations of HIPPA and will have to be very specific, with all the proof of violation you can provide them.
The real question now is that it is looking as though Mom remains very ill. You need a plan of moving her and care moving forward. Wishing you luck. POA is not an easy job at all.
To stabilize future decision making, I suggest providing a packet to your mother's doctors and the NH that includes the DPOA document along with a copy of yours and the secondary POAs photo IDs, and a letter of direction about preserving your mother's privacy by not sharing her personal information with anyone except her POAs. Have a couple of copies available to provide to any hospital your mother may be sent for treatment.
It sounds like you have several concerns over the old NH, maybe your older brother shared many of those concerns as well as others over her care? He must have had a good reason (at least in his own mind) for taking such measures to move your mother. Please take a deep breath, try to let go of your anger over _how_ he got your mother moved and consider _why_ he got her moved. Maybe he felt she developed the UTI because of the care standard? Regardless of how she got there, you may not want to move again anytime soon. Can the current facility provide the care and rehab your mother needs?
When a parent is ill and the decision making POA responsibility for making life altering choices becomes reality, it is a very stressful and emotionally difficult time. When there are disagreements within the family over a LO's care, the stress is only increased. Please remember your older brother didn't create your mother's health issues and try not misdirect your anxiety over her illness onto your brother's shoulders. I suggest you focus on your mother's treatment for now and try to wait until she's stable and improved to resolve the family issues. You can be mad as hades over your brother's actions and still remember he is someone who loves your mother too.