Tuesday, May 29, 2012

Wednesday, November 16, 2011 gary asks

Q: my mother fell ill to dementia and has alzhiemers,my sister filed foe power of attorney and listed herself as primary care giver. i have been refused info on my mothers whereabouts,what can i do.

she was put in a home in texas. i want to be notified of any liquidatioins of her estate to pay of her debts as well as the care being given to her. how can i become co-power of attorney, or have the option to sign off on any and all details concerning her.
Answer This
Answers (4)
Carol Bradley Bursack, Health Guide
11/17/11 6:30am

I don't know Texas law, but most likely you would have had to have been named co-Power Of Attorney. If you believe there is abuse of funds, you should contact an elder law attorney for an opinion. Good luck,

Carol

Reply
11/17/11 10:06am

I am sorry your sister tries to block you off.

You have a right to know about your Mom but your sister refuses to let you know. You may need to talk to an attorney about it.

Probably you won't get co-POA or POA since your sister wrote you off.

However, as a family member, you have a right to see your Mom in the home and call her. The thing is your sister has to let them know you are family and that you are allowed to be told the medical condition. Usually the home tells the family anything anyway casually. Officially your sister may not like that.

I don't know what is going on with you and your sister, but you should talk to an attorney to deal with it. She has already set up the legal process on you so you need to get your own attorney to deal with it.

 

Since you don't know where your Mom is, you probably should use the attorney to assert your right as a son unless they could say you mistreated your Mom before or something. Sorry about this situation.

 

Regards,

NC

Reply
11/17/11 10:10am

If you sister has more power such as POA and etc., she does not have to tell you about any liquidation of the assets. In general, if the siblings get along, they tell one another the stuff about the parents. If your sister felt you have something wrong or she is doing wrong, you would not be able to be told what is going on.

So ask for an attorney to help you. Check with the social service to see what your right is.

 

Regards,

NC

Reply
AFA Social Services, Health Guide
11/23/11 9:05am

Power of attorney laws vary state-to-state, and so it is recommended that you look into the laws of the state where your mother's power of attorney documents were drawn up.  The POA document will need to be compliant with state law to be legally valid (for example, some states require the document to be notarized, or in writing, or with two witnesses, etc.).  To challenge or make changes to a POA document, you will likely need to consult with a lawyer and/or seek guardianship/conservatorship in probate court.  To locate an elderlaw attorney in your area, go to www.naela.org

Reply
Answer This

Important:
We hope you find this general health information helpful. Please note however, that this Q&A is meant to support not replace the professional medical advice you receive from your doctor. No information in the Answers above is intended to diagnose or treat any condition. The views expressed in the Answers above belong to the individuals who posted them and do not necessarily reflect the views of Remedy Health Media. Remedy Health Media does not review or edit content posted by our community members, but reserves the right to remove any material it deems inappropriate.

Ask a Question

Get answers from our experts and community members.

Btn_ask_question_med
View all questions (1484) >
By gary— Last Modified: 11/23/11, First Published: 11/16/11