donadelee Asked January 2012

Can a daughter prevent a wife from seeing her husband with a POA?

Follow
Share

My mother recently remarried (in May) her previous husband, Les. (I know, it's complicated.) When I took my mom on a weekend trip in July, Les' daughter moved him into an assisted living facility. Since then, the daughter has obtained a poa and now has forbidden my mom from seeing her husband. I know that Les wants to see my mom, and of course,my mom wants to see him. Does my mom have any legal recourse?

This question has been closed for answers. Ask a New Question.
19

Answers

Show:
Aune Jan 2012
I don't think so. BIg difference from having POA and legal guardianship. I would think your mother is still his next of kin and should talk to the social worker at the Assisted Living Facility
Helpful Answer (0)
Report

NancyH Jan 2012
Donald, that was really sneaky to take your mom's husband without your mom's consent or knowledge. I guess you know what his family thinks of the marriage... Speaking of that, is there another person in your step-dad's family that you can talk to? Or are they all just as duplicitous?
Helpful Answer (0)
Report

allysia Jan 2012
i agree with all this sounds not right. Have poa over hubbies grandpa and would never do this.
Helpful Answer (0)
Report

sodapopp12 Jan 2012
ok, so it is about the money (on the daughters part) Well, contact the attorney first thing. Find a good one. Also, your mom can send letters to him right? So, have her write letters, and send them certified to make sure that he recieves them. Make copies of the letters. In the letters ask him to write back, ask questions, like do you miss me? Do you want me to come visit you? ect... get that in writing, and also it will prove to the court that your mom loves him, and when (if) she applies for guardian over him, she will likely win. Also, I believe a prenupt has to do with death, or divorce. I do not think it has to do with this current situation. The attorney will be able to tell you how to proceed. There is one thing I am certain of, your mom can go visit anytime she likes. If she goes(with you) to visit, and they give her a hard time, tell them to show you the document that forbids it, and the document that provides for the incompetency.
Helpful Answer (0)
Report

donadelee Jan 2012
Wow! I am overwhelmed by your help. As you have already surmised, my mom and Les' daughter do NOT get along. My mom just REmarried Les in May; she had divorced him two years earlier because of the altercations with his family. However, Les was insistent that they get remarried, and so - they did last spring. Within a week of their marriage, his daughter took Les to the courthouse and filed for divorce. When my mom received the papers, she went back with Les to court, and had the divorce papers rescinded. Les was adamant that he did NOT want a divorce - and that he had not realized what the daughter had coerced him to sign.

But - the situation just gets worse. While our family went on a two day reunion trip in July, Les' children moved him into an assisted living center - to all of our astonishment. (We got a phone call from them on our way home.) Mom visited him daily after that, and they went to eat lunch together and/or back to their house. After several months of this, however, the daughter decided that mom couldn't take Les out. Then - in the past two weeks, she has forbidden my mom from even seeing him. I called the director, and he said that the daughter had Les declared incompetent - and she is now authority over all of his affairs. (None of his children ever visit him except to take him to church on Sunday.)

Part of me wants to just run - not even walk - away from this situation - and of course, drag my mom with me. But, I sincerely believe that mom and Les do love each other. Les' kids have virtually imprisoned him just to ensure my mom's eventual departure. I worry now that his children are convincing him that mom is choosing not to visit him - and will encourage him to file for divorce.
Les' kids have inherited a LOT of money from Les, and I don't want to get into a battle in court, because they literally have millions of dollars at their disposal. (Mom signed a prenuptial agreement, so she is not entitled to any of his money.)

But - I will at least call an attourney tomorrow and find out what it will cost to proceed.

Again - THANKS for all of your responses and support!!!!
Helpful Answer (0)
Report

sodapopp12 Jan 2012
Also, it sounds a bit like kidnapping, and false imprisonment to me. Talk to an elder rights law attorney. There are a lot of BIG issues here. If anything you can make the daughters life so miserable that she will give up. She wants to control their marriage, why not put a wrench into hers. If you stir up enough crap, this will most definately hit her at home. I would do the same for my husband.
Helpful Answer (0)
Report

sodapopp12 Jan 2012
Also, if you have him sign a new POA, do not alert the facility that you and your attorney are coming. They will alert the daughter, and that could be an issue. I believe that there are programs, legal aid for seniors to help. She would need to make sure that the first POA was cancelled, (I believe the new POA would automatically do that, though I am not sure) Let us know.
Helpful Answer (0)
Report

sodapopp12 Jan 2012
Tell them you want to see the court documents. Because in order for her to do this, you would have had to be contacted for it to be legal. A doctor can not declare someone incompetent. It is only for a court. You mother has every right to walk into that facility anytime she wants too. Where is his money going? She is entitled to his money for spousal support. If he is on any govt program for insurance, her income should have had to be included in the application. I think you need to dig a little deeper. Who is his health care proxy? You mother could walk him right out of that facility without any recourse. She is his wife. Your mother could have a new POA drawn up with an attorney, and go in and have him sign it, as long as he had not been declared by a court to be incompetent. Again, competency is a LEGAL term. NOT A MEDICAL TERM. I used uppercase, because that is very important. If your mom wants guardianship of him, have her call senior/social services. A lot of times, they will assist her in making that happen fairly quickly. This sounds like elder abuse by the daughter. She is causing him emotional abuse. (by the sounds of it)
Helpful Answer (0)
Report

Mayasbop Jan 2012
Incompetency hearings don't happen in a void. They take time. Did the director tell you just when this all happened?
Helpful Answer (2)
Report

Mayasbop Jan 2012
Did your mother receive any notice at all? Since she's legally his next of kin (assuming that their marriage hasn't been annulled by the stepdaughter and/or his other children), she should have received something from the court if he has been declared incompetent. You need to find an attorney for her and go with her to find out what in the world is going on.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.

Related
Articles

Related
Questions