My Aunt is in 24 hour care and is getting great care. She has been deemed mentally incompetent and as my sister and I are her only next of kin = Can we request a copy of her Health and POA forms from the person who says they have it. They told us they would give us the forms but have now declined and said they wont give them to us. As we live in England we feel helpless and prior to getting sick the people involved with Health and POA told us that nothing was in place but a living will. What rights have we as next of kin to our Aunt and can we request these forms. would appreciate your help
If your aunt is in England, it's simple - contact the Office of the Public Guardian and they'll advise you as to how to proceed. I'm not saying you'll necessarily like the advice, mind: it depends who is currently claiming to be in charge, and what his or her status is.
It's difficult transposing legal principles across the Atlantic, but having said that their laws seem to have pretty much the same aims as ours even if not quite the same format.
In the UK, you don't have a right to see financial or health and welfare POA documents unless the person giving POA (your aunt, in this case) nominated you as a "person to be told" when she drew up the documents. I expect there's a similar requirement in the States.
But, even if she didn't do that, you still do have a right to ask for officialdom to check that your cousins actually have got formal POA/HP, and that they are going about their duties properly. There will be a mechanism for this, equivalent to lodging a request with the OPG in this country, but now I'm out of my depth. Pam Stegman knows a lot about this subject so with a bit of luck she'll be along in a moment - or you could try messaging her?