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When a parent lives in a New York nursing home and the family is in Poland, documents prepared in advance are key: a health care proxy for medical decisions and a power of attorney for finances. Complaints go to the State Department of Health, by phone or online, even anonymously.
Many Polish families know this story. The parents came to New York decades ago and worked in Greenpoint, Maspeth or on Long Island, while the children stayed in Poland or moved back. With age comes illness, then a nursing home. Contact comes down to phone calls, and when a parent stops answering or says something worrying, the family is left asking: who here can actually do something?
Acting effectively from nearly seven thousand kilometers away is possible, but it takes preparation. Below we explain which documents allow family members to make decisions and get information, how to organize contact with the facility, where to file a complaint and when it makes sense to talk to the firm.
Health care proxy and power of attorney – who can decide for your parent?
Medical decisions are covered by a health care proxy, which names a health care agent. Under Public Health Law §2981, any competent adult can create one. The document is signed and dated in front of two adult witnesses, and the person named as agent cannot be one of them. The Department of Health offers a health care proxy form, including a Polish version.
The agent starts making decisions only when the parent can no longer do so. Under §2982, the agent then follows the parent’s wishes, including religious and moral beliefs, and if those are not known, the parent’s interests. The agent is also entitled to the medical information and records needed to make decisions. The section on appointing an agent does not require the agent to live in the United States.
Financial matters – bills, insurance, correspondence with the facility about payment – need a separate document: a power of attorney. New York’s statutory short form must meet the formal requirements of General Obligations Law §5-1501B: the parent’s signature acknowledged before an authorized official, two witnesses, and the agent’s signature, also acknowledged. When the agent lives in Poland, it is worth working out how their signature will be acknowledged before anything is signed.
What if your parent never signed any documents?
Not having a health care proxy does not mean no one can make medical decisions. New York’s Family Health Care Decisions Act (Public Health Law §2994-d) sets the order of people who may then act as a surrogate: a court-appointed guardian, a spouse or domestic partner, an adult child, a parent, an adult sibling and, finally, a close friend. Someone lower on the list may act only if no one higher up is reasonably available, willing and competent.
Those rules cover medical decisions, not finances. If a parent can no longer sign a power of attorney but their money or property needs to be managed, a court guardianship proceeding is usually necessary. It takes longer and requires a court in New York.
That is why the right time for these documents is while the parent is still fully able to decide. A trip to New York for the holidays or a vacation is often a good opportunity to prepare everything in person, with witnesses present.
How can you get information and records from Poland?
Access to medical records is governed by Public Health Law §18. The patient is the primary person entitled to them, along with, among others, a court-appointed guardian and an attorney who holds a power of attorney that expressly authorizes requesting patient information. Paper copies are capped at 75 cents per page. A health care agent has access to the information needed for medical decisions.
In practice, a lot depends on organization. It helps to agree with the facility on one family contact person, give them that person’s phone number and email, and set regular call times that account for the time difference – usually six hours. Nursing home residents have the right to take part in planning their care, and families can take part in a Family Council, which makes regular contact with staff easier.
A trusted person on the ground is also invaluable: a relative, a neighbor from the parish, a friend from the old job. According to the Department of Health’s summary of residents’ rights, your parent has the right to visits from people of their choosing and to private phone calls. Someone who visits every week will notice more than the longest phone call.
Who can file a complaint about a nursing home, and how?
Complaints about nursing homes are handled by the New York State Department of Health (NYS DOH). On its complaint form page, the Department states that anyone can file a complaint, and that complaints are confidential and can be made anonymously. When several family members are involved, the Department recommends choosing one representative, because only the person who files receives the correspondence.
Complaints can also be made by phone at 1-888-201-4563 (the Nursing Home Complaint and Discharge Appeal Hotline). The line takes voicemail around the clock, and staff answer on weekdays during business hours. The Department reviews every complaint; in some cases investigators visit the facility, and if a violation is found, the nursing home must submit a plan of correction.
Support is also available from the state’s Long Term Care Ombudsman Program (1-855-582-6769). The program helps residents exercise their rights and works with families to find solutions. An administrative complaint, however, is not a claim for compensation – that is a separate path.
Call us and talk it through in Polish – the consultation is free: 718-383-0100
When does it make sense to talk to the firm?
A conversation with the firm makes the most sense when a parent has been injured – for example, a fracture after a fall – has been rushed to the hospital under unclear circumstances, or has died, and the family has unanswered questions. The same goes for situations where the facility refuses information to someone entitled to it, or where it is unclear who in the family can act.
The documents signed at admission also matter. If a family member signed the admission agreement as the responsible party, keep a copy, because its terms can affect next steps.
Deadlines in cases involving neglect in care facilities are limited, and evidence – chart entries, staff testimony, recordings – becomes harder to reconstruct over time. A family in Poland that waits too long for the facility’s explanations may lose the time needed to protect the case.
How to prepare for your first conversation with The Stein Law Group
- Your parent’s and the facility’s details. Full name, date of birth, the nursing home’s name and address, the admission date and the names of staff the family has spoken with.
- Proxy and power of attorney documents. A health care proxy, a power of attorney, or the information that none exist. That is the first thing to establish.
- A timeline. Dates of calls, worrying news, hospital stays and the facility’s responses. A simple note in Polish is enough.
- Correspondence and photos. Emails and texts with the facility, photos taken during visits by a trusted person, copies of complaints already filed.
- The admission agreement and medical records. If the family has a copy of the agreement or hospital discharge papers, send them before the conversation.
The Stein Law Group, with offices in Greenpoint and Maspeth, handles nursing home neglect cases in New York and New Jersey – see how the firm can help.
Questions and answers
Can a health care agent live in Poland?
The section on appointing an agent does not require the agent to live in the U.S. In practice, though, the agent needs steady contact with the facility and the doctors.
Is a financial power of attorney enough for medical decisions?
They are two separate documents. A health care proxy covers medical decisions, and a power of attorney covers financial matters.
Can I file a complaint anonymously?
Yes. The Department of Health accepts nursing home complaints from anyone, including anonymous ones. Giving your contact details, however, lets the agency reach you with follow-up questions.
Does the conversation with the firm have to take place in New York?
No. The first conversation with the firm’s team is always in Polish and can start with a phone call.
Caring for a parent from a distance is above all about organization: the right documents, one contact person, someone you trust on the ground and well-kept notes. Those are what keep a family from starting from scratch at a difficult moment.
If something worrying is happening now, it is better to talk about it sooner rather than later. Schedule a conversation with attorney Adam J. Stein: 718-383-0100
This article is for general information only and is not legal advice; reading it does not create an attorney–client relationship. Every case requires an individual assessment – please contact The Stein Law Group about your situation. Attorney Advertising. Prior results do not guarantee a similar outcome.
