Elder Law Answers Elder Law Answers

Search Articles

Find Attorneys

Does a Daughter Have any Right to Information About Her Mother's Medical and Financial Condition?

  • August 27th, 2013
Q
What are my rights as a daughter to information regarding my mother's medical and financial information? Approximately two years ago, my nephew had the power of attorney changed to him without my knowledge. She was in the beginning stages of Alzheimer's, and I feel she did not understand what she was doing. I never received a revocation. He now refuses to give me any information regarding my mother. The locks have been changed on her home. I have had the Office on Aging check into this and since then it has become even more difficult to get information. I only want to know what the condition of my Mom is and what is best for her. Do you have any suggestions?
A

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 Office 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.

Local Elder Law Attorneys in Ashburn, VA

John Laster

Law Offices of John L. Laster
Falls Church, VA

Jeffrey Hammond

Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
Bethesda, MD

Margaret O'Reilly

Margaret A. O'Reilly, PC
Herndon, VA


Last Modified: 08/27/2013

Learn More

View All Elder Law Topics Questions & Answers State Medicaid Information