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Forum Newbie
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Last Login: 11/21/2008 9:53:48 AM
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| What are my rights as a daughter to information regarding my Mother's medical and financial information. Approximately 2 years ago my nephew took my Mother and had the Power of Attorney changed to him without my knowledge. She was in the beginning stages of Altzheimers and I feel did not understand what she was doing. I never received a revokation. He now refuses to give me any information regarding my Mother. The locks have been changed on her home. She has altzheimers and does not understand what is going on. I have been to an attorney and he suggests just sitting back, but my concern for my Mother's well-being is accelerating. The attorney advised me that my Power of Attorney is still effective, but my nephew has notified her bank and doctor not to recognize it. I have had the Office on Aging check into this and since that it has become even more difficult to get information. I only want to know what the condition is of my Mom and what is best for her. Do you have any suggestions?
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Forum Member
Group: Moderators
Last Login: 5/27/2008 11:04:45 PM
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| Whether your power of attorney is still effective depends on whether your mother revoked it. If she did not, though it sounds like she did, then both you and your nephew have valid powers of attorney and can act for your mother. If your mother revoked your power of attorney, then your nephew is in his legal rights to act for her, assuming that your mother knew what she was doing when she gave him a new power of attorney. Since you suspect that your mother was not competent and is not being well taken care of now, your first step in reporting the case to the Department of Aging was totally appropriate. If this was not effective, your only alternative may be to seek guardianship over your mother. This would bring the matter to a head in your local probate court and, most likely, result in the appointment of an independent, non-family member as guardian for your mother. These types of cases can be extremely acrimonious, time-consuming and expensive, but it may be the only alternative.
Harry S. Margolis
ElderLawAnswers
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