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Sabrina313 Asked January 2017

My younger sister's husband has POA over my parents. Can she obtain guardianship over them to prevent me from visiting?

I went and got written power of attorney with my parents and had it signed and notarized by the bank. She went above me and had her husband made power of attorney. They have dementia and now reside in separate facilities because my sister doesn't want them together. She had also made it to where my daughter, my husband and myself can not visit either. She claims we are a threat to their well being which is absolutely false. This is a childish vendetta and I need to know how she accomplished this and what I can do to fix it.

pamstegma Jan 2017
Going to the bank is what made her hair stand on end. If there is a Guardian hearing, it could also make the Judge's hair stand on end. You need to sit down with an attorney and get good advice, because a contested Guardianship usually means BOTH sides lose and the judge appoints an independent third party.

ziggy123 Jan 2017
WOW! I'm not sure how that happened. Any DPOA that is activated is legal until the person(s) de-activates it. Questions to asks.
1. Are any one of your parents competent to make their own decisions and have you gotten legal docs that say they are NOT competent.
One DPOA can only trump another DPOA when the person(s) signs a new one. Unfortunately it is probably time to go to court and ask for legal guardianship and conservatorship. The DPOA system does not seem to be working in your case. Don't play the game. Decide if you are willing to take full responsibility for their care and finance thru guardian and conservatorship. Let the judge know you've been banned from seeing them. They have to answer to the judge. I hope that helps.

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