Follow
Share

Can I find out who has general and health POA for my mother or is it privileged? I have been informed by my mother's attorney that I do not have the right to know who my mother has appointed as her general and health power of attorney inclusive of the date of assignment. My mother has advanced dementia. I was told that I had to get my mother's approval and the approval of the person(s) who has been given her POA. Apparently there are privacy laws prohibiting disclosure to those not authorized which I find illogical, but, then again, laws don't have to be based upon logic or what a reasonable person might interpret.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
Frustrating as this is, you may have to ask an elder law attorney for assistance. This could cost some money, but you could at least find out from another source if it's possible for you to get the information. Do you have siblings? Surely someone knows, so there must be a lack of communication in the family, unless she gave the POA to someone outside of the family. If that's the case, was she competent when she did so? Lots of questions. This is very sad. I do think your only choice is legal help.
Take care,
Carol
Helpful Answer (1)
Report

How can I find out who has poa for free
Helpful Answer (4)
Report

I've never heard that such is privileged information. Otherwise, why would a bank a business or a doctor be free to ask who has the durable or medical POA over this person? Very often a durable POA is registered with the clerk of court and can be looked up on line for free from the page on the county clerk of court page via doing a search using your mother's name. If you mother did not have advanced dementia, she could revoke the earlier POA and give it to you. Evidently, your mother's attorney knows, but just does not want to tell you for some reason other than privacy that in my opinion he is hiding behind because those are public documents.
Helpful Answer (3)
Report

The only reason that I can think of for the lawyer wanting to hide behind such bogus privacy laws is he is protecting himself for being part of a bogus POA for your mother when she was not competent to sign such a document. Time to start asking family members if they have her POA or do they know who does. You may well need a lawyer yourself to deal with this. Something is not right about all of this.
Helpful Answer (3)
Report

I would go to the trouble of hiring a lawyer and pursuing Guardianship. No, you can't get the information, it is private and confidential. However, a Judge in the Surrogate's court will ask for it and get it.
Helpful Answer (2)
Report

If you can't find out from your mother, another but very tedious way is to skim her and your father's checking account records, looking for unusual amounts that could signal payments to an attorney for document preparation.

FF is right; we never filed any DPOAs anywhere. It is required in Michigan and to me it's far too personal document to record or file if not mandatory.
Helpful Answer (2)
Report

How about visit that atty again and create some questions on what I wrote above.
Helpful Answer (1)
Report

Thanks for the great advice. It is believed that a family member may have the POA and that the POA was given when my mother was well into dementia/alzheimers. It is my personal concern that who and when should be known and not a big secret. In everyday life when you are involved with an able person, one who is not vulnerable, you know who you are dealing with, but, once there is a POA, that information becomes a big secret. Who really benefits from the big secret?
Helpful Answer (1)
Report

The attorney is prohibited by lawyers' ethics rules from telling you who the agent is. It would be a breach of confidentiality. However, I don't think there are general privacy rules that prohibit the revealing of this information. Ask around in the family.
Helpful Answer (1)
Report

Well this is interesting!

If you haven't agreed to accept DPOA for your sister, you can decline. You can't be obliged to take this responsibility.

Who told you about it?
Helpful Answer (1)
Report

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