Can my aunt prevent me and my family from seeing my grandma?

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arlene25 Asked January 2022

Can my aunt prevent me and my family from seeing my grandma?

My grandma is in the care of my aunt and my aunt has family feud with her sisters. She is not letting anyone see my grandma, it's about to be a year. She says she has the power of attorney and she can do whatever she wants. When I used to live with her she wouldn't give her meds and she stole money from the bank of my grandma so we reported her but the only did a welfare check and they let my grandma there. What can I do, go to the cops? Take her to court? we are in California los Angeles

Elder Abuse Elder Law Power of Attorney (POA)

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score 1 · Answer 1

POA means acting in the best interests of someone when they no longer can make decisions for themselves. Is this the position your grandma is in? You can call Adult Protective Services if you feel the situation requires it

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If your aunt is the PoA for your grandma, and your grandma is now cognitively "incapacitated", the only thing you can do is either keep calling APS or take your hard evidence of theft/fraud/neglect to an attorney to see if you have a case. You need to be prepared to pay for the attorney's fees. And also be prepared that if you call APS on your aunt she will be less and less apt to let anyone see her.

If your grandma doesn't have dementia or hasn't had a medical diagnosis of dementia, then your aunt's PoA is not active so she shouldn't be "calling all the shots" for your grandma. FYI even with an active PoA your aunt does NOT get to "do whatever she wants" -- she is bound by law to act in your grandma's best interests.

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Can my aunt prevent me and my family from seeing my grandma?

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