do you have to show proof that you are health proxy and do power of attorney forms have to be registered in courts where finances and large amounts of money are involved . jI'm next of kin and yet my aunts home was cleared out by strangers who spent 3 weeks going through all personal letters and documents belonging to my aunt annd we were told that nobody could have entry into her home. Is thiis allowed in america . My aunt thinks she is going back to her home but as it was rented accommodation, there are new tenants moving in. The 3rd cousins say they will show us the relevant documents giving them the rights to manage our auntie's affairs What kind of forms re these. We feel very much shoved out as we are in England and cousins are American and would be in touch with our auntie 3 or 4 times a yearr Any advice would be greatly appreciated Molly
A Living Will a/k/a Advanced Directive is a health care proxy authorizing the named parties to make health care decisions, as described in the document, based on written opinions of two medical professionals that the individual granting the proxy cannot make them on his or her own behalf.
I've never heard of either having to be filed with any court but I'm only familiar with practices in my state. It may in fact be required in some states.
As to whether or not "proof" has to be shown, it would depend on who is questioning the authority. If you and your family in England are heirs, I believe that you would have a legal right to see the documents as well as be informed as to disposition made of the assets. If you're not heirs, I'm not aware that you're entitled to see the documents.
Next of kin isn't necessarily a term used in estate planning - are you actually named as an heir or beneficiary? Devisee and legatee are also terms which are used.
As to the strangers who cleared out your aunt's home - who were they? How did they get access to the home? And how did you learn about the cleaning out of your aunt's home?
In any event, I'm sorry for you and your Auntie. It possibly does her no harm to hope she can go back to her apartment even if that is not at all likely. Maybe you can visit and help see she is getting good care, or find out if anything has been done inappropriately. Chances are that the people closest to her know more of what was really going on though, and again, hopefully have done the right things.
Neither a Health Care Proxy, nor POA nor DPOA is filed in the courts, unless the Judge demands to see them pursuant to legal action. Since the "victim" is a US citizen, there is very little recourse for overseas contacts to intervene without showing up in a US court, with proof of cause for intervention.