I was caring for my Dad in the process of finding assisted living and I was detained by police for a warrant. Because my husband was alone with my Dad and would not let my husband change him, my hubby had brought him to the ER! I was held up for two days and when I went to go get my father I was told I was not allowed to see him. Elder care with no court order told hospital no family or friends are to see him? Furthermore, out of blue I was now being investigated for exploitation, during which the elder care social worker went to court after leaving me a message the day before and didn’t mention court next day. She only said she wants to let me know about some upcoming court dates and that my father was brought up in the ER with several saturated diapers, sores, and eating at a very fast pace. My father had no sores and he had on extra diapers because they all leaked and that was how we kept him clean and dry and he began eating fast as the disease progressed! He was far from underweight. I cooked dinner every night and believe me he loved to eat. If he had sores or any medical issues, the hospital would report that and it wasn’t in the reports. Also he remained in the ER because they had no reason medically to admit him until he was left in a bed at the ER for several days develop a UTI. He never was taken out of bed for a walk or fresh air, no visits from me whom he still recognized, and he remained in a bed until he died a year later in a 1 star Nursing hospital!
Unfortunately, coming into an anonymous forum and asking a collective group of laypeople if something is "legal" is sort of a waste of time. Not knowing where you live and where this took place, not to mention all of the facts of the case, there is really no way we can give you a correct answer if something that transpired with your dad's care was "legal".
Are you asking this out of hope to bring a lawsuit against whatever agency(ies) you feel contributed to your dad's passing? If that's the case, you would be better served trying to find a lawyer to ask these questions to. Be advised, however, it is very, very hard to get a lawyer on board to take up a "wrongful death" lawsuit, especially as it relates to medical care. Bluntly spoken, it's usually not worth their time. Even if you could find someone to agree, the financial cost to you would be astronomical. You might find it more productive to reach out for some grief counseling to help you get through the grieving process.
Good luck.
The sores will be documented carefully by pictures with any patient entering a facility because facilities including the hospitals can have license restrictions for any that come during hospitalization. There will be nursing intake staff who will testify. You will testify as well. Tell your attorney all you have told us.
You will need all documents appointing you to your Dad's care and you will need meticulous records as to every penny spent on dad, every penny into his accounts and every penny out, so hopefully you have been maintaining monthly accounting and files to show the judge. In future know daily diaries about your Dad will help in a composition book with no tear outs or erasers; a simple account of his day, mentation, food intake, skin problems, and etc.
It is rare for APS to take this drastic action. If they have done so it proves they are doing their job in helping the elder community.
Be cooperative. Tell them all you have told us. Open your house to them and your records. Be honest. You may yet avoid a guardianship fight.
I would suggest that you go at once now to an elder law attorney. Check with him if your POA can pay his fees to represent you and your Dad. In all matters legal, financial and medical you need PROFESSIONAL HELP and I can't stress that enough.
Best to you.
Are you still working with rescue animals?