How much power do you have with power of attorney?
December 7th, 2011 | by admin |erin asked:
My sister has power of attorney over my mother. She told the nursing home where my mother is staying that I wasnt allowed to see her or have any contact with her, as my sister does not like me. Is there anything I can do?
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My sister has power of attorney over my mother. She told the nursing home where my mother is staying that I wasnt allowed to see her or have any contact with her, as my sister does not like me. Is there anything I can do?
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No Responses to “How much power do you have with power of attorney?”
By jamesbergen50 on Dec 8, 2011 | Reply
This seems overboard. Try to visit. If refused. Do not cause a problem. Talk to a Attorney. If the problem is your sister you will win.
By Judith on Dec 11, 2011 | Reply
Power of attorney doesn’t give her the authority over your mother’s person; just her finances. If she was your mother’s legal guardian that would be a different story. Talk with the office manager of the nursing home and tell her that your sister is NOT your mother’s legal guardian and that, therefore, you have every right to see your mother —- unless your mother tells them she doesn’t want to see you. If your sister is only her power of attorney you could then consult with an attorney who would contact the nursing home on your behalf and explain the legalities to them. The fee would probably be nominal but if you want to see your mother it would be worth it. If your sister is her legal guardian then I think you are out of luck but you could still consult with an attorney to make sure.
By L L ツ on Dec 12, 2011 | Reply
POAs are frequently specified for only certain categories, medical, financial, or other provisions which may vary by state. There is also a complete POA. It is an authorization to act on someone else’s behalf. The nursing home is required to keep a copy of it in your mother’s records. They are under no obligation to let you see it, but you can express your concerns nicely to the NH administrator and they might let you know what provisions it contains. If not, you may only need to get an attorney on initial retainer to get a copy of it. However, If your mother is currently not able mentally to make her own social decisions, then the POA will prevail.
By Casey/Kelle on Dec 14, 2011 | Reply
Yes she gets to call the shots. Too bad she’s such a ……….She’ll regret it some day.
Keep an eye on the situation. You could get a lawyer to get you a copy of the PofA.
They are specific.
Some are only for medical decisions. Some are only for financial decision. Don’t let her go farther then her power allows.
By wings on Dec 15, 2011 | Reply
I don’t know about the rules where you live, but here in Canada..Power of Attorney does not give a person the authority to permit or not permit visitors. Simply, Power of Attorney gives the appointed person the right to make decisions on behalf of the person who is not capable of making those decisions. They can write cheques from the bank account, get information from creditors, etc.in order to act on behalf of the incapable person. The person with Power of Attorney can even sell the property.
There is also a second Power of Attorney whereby the person appointed can make health care decisions on behalf of the person incapable of doing so.
I doubt very much your sister can enforce what SHE wants…disallowing you to see or have any contact with your mother.