My youngest brother is my mother's health care proxy and her POA. He has blocked me from having any contact with her for no valid reason.

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L

Lletton78 Asked February 2019

My youngest brother is my mother's health care proxy and her POA. He has blocked me from having any contact with her for no valid reason.

I don't know what to do. My mother has Alzheimer's and has been deemed incompetent. My youngest brother age 47 is my mother's power of attorney. No one is quite sure how he got that and also her health care proxy no one is sure how he got that either. He has told the hospital she was being treated in that there are certain people he wants to have no contact with her. I am one of those people. There is no legal reason why my brother should be keeping me from contacting my mom. He does not have guardianship of her. What legal recourse do I have to force him to let me see my mother?

Care Decisions Mom Power of Attorney (POA)

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score 1 · Answer 1

Isolating your mother is elder abuse. File a compliant with the police, Social Services, or any aging care-type government agencies that your brother is isolating her for no reason. The agency can evaluate the situation and that report might cause your brother to lift the restriction or might help you with an attorney for what actions are best.

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score 0 · Answer 2

Only Mom can assign him POA. She has to be competent to do so. She has to sign in front of witnesses and the signature be notarized. I would ask the hospital if brother has given them a copy of the POA for their files. If they say no, then he has no authority until he does.

You may need a lawyer.

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score 0 · Answer 3

Your best bet would be to consult with a lawyer to see what your options are. As long as he has POA and health proxy, he can make decisions like this.

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score 0 · Answer 4

You really need to ask a lawyer about your rights. I've never heard of one sibling refusing another sibling from visiting their parent. What possible reason would he have, and how would he enforce this?

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score 1 · Answer 5

If he is your youngest brother, you have other siblings. Do they have the same issues as you? You should be getting together with them to deal with this as a group. If you end up having to take formal steps, this will make your position much much stronger.

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score 1 · Answer 6

LL, your run-on sentence makes it sound as though you are emotionally fraught. You say that your mother was in your care. What happened to change that?

Does your mother become agitated when you visit?

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My youngest brother is my mother's health care proxy and her POA. He has blocked me from having any contact with her for no valid reason.

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