Greetings from England, thank you all for your help and replies. When I refer to next of kin - I mean that my sister and I are the only nieces and family left belonging to my Aunt and as her cousins say they hold POA and Health Proxy and will not show us them - what I want to know is why can they exclude us from our aunt's life. They had less contact with her in her 90 odd years than we had only that they are American citizens and we are English citizens. Why all of a sudden, the friendship we had is gone and they will not show us the papers they said they had giving them POA and Health proxy. Surely if they were in order they would show us them. - Any information regarding our aunt's health has to come through them and why the sudden coolness with us. what does officialdom mean in US Law. Again thank you all so much.
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I hope you can work it out though...sorry about your Aunt.
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As Jeanne says, there is no rule or jurisdiction that can force someone to show you their documents. In fact, because of the Health Insurance Portability and Accountability Act, it may be illegal for any sort of professional to tell you anything about your aunt's condition, legal or physical, without her written permission.
If you suspect any type of abuse, neglect or exploitation, most areas (local county government usually) have a Division of Adult Protective Services. Since you do not have any basis in fact to make a complaint, ask them or the police to make a "welfare" check. If you just want contact, I wonder if you told the relatives that you would like to come visit might change anything(?) I would think they would not keep you from seeing her if you came all that way.
I'm sorry but I couldn't find any other posts...so I might be asking questions that have already been answered.
Have you been able to speak with your Aunt? It does not sound like it, however thought I'd ask.
Also, is she in a home and can you contact the care facility concerning her condition?
I think that if you have real concerns you really do need to contact a lawyer in her area that specializes in elder law as has been suggested, and it would behoove you to come over for a few weeks to sort things out.
It is very difficult to do much from where you are...so far away...and someone has to be here to help her out, so if her cousins are close by it makes sense that they hold POA and Medical Power of Attorney.
Another person has suggested that if you are concerned about her physical well being at the moment you can call the local police and they will stop by...I've done this with an ailing friends after not being able to contact him for some time and knowing what he was going through...it was a good move and the police were extremely good about it.
Just my suggestions.
But your basic question is how can you determine if they really have the authority they claim, right? Have you contacted a lawyer in your aunt's jurisdiction to look into this for you? I don't know what else you can do.
If I were those cousins I can't imagine why I wouldn't send you a copy of the documents. That seems the fastest way to resolve the conflicts. True, I wouldn't have a legal obligation to do it, but why not just get it over with? So I understand your concern. But if you want to pursue this I really think you need to hire a lawyer. Sorry.
Also, if it turns out the papers are not in order, what do you plan to do? Is Aunt of sound mind at this point? I suspect that you will need a lawyer to guide you if the POA docs are not valid. You might as well get started on that.