Can my sister who has DPOA keep me from my Father at the living center?

*Revoke or Resign are the two different steps to make a POA change. The steps may be different in each state, but it's the same dance. And a way for attorneys to make $. (Some of my best friends are attorneys)....

It's true in the states of NC and MN. The old one doesn't just evaporate without the proper legal steps to revoke it. Ask the county clerk or an attorney to validate what happens in your state.

Sandwich, I do not believe that is true. As soon as a new DPOA is executed, the old one is worthless. If you disagree, please provide us a link to that effect. the DPOA does not have that kind of irrevocable power.

#1 - Cops or security guards?

#2 - A DPOA holder can not restrict who sees who. Those powers are not part of a POA.

#3 - This is VERY IMPORTANT to know - A new POA document does not replace an old POA. The current POA holder (your sister) has to formally resign the position. There is a legal form for it that an attorney will draw up and file with the county clerk. A desire to change POAs by your dad means nothing unless the legal process is followed. The new POA document won't be legitimate or in effect even if it is complete and notarized and paid for.

I know this for a fact and personally because I went through a truckload of effort to get a POA established for my mom in her home state, not knowing she had already done that years ago & never told me. I went to use my POA and found out that the one on file with the county clerk superseded the new one I had done. My uncle & cousin would have had to do the formal resignation process to get out of it. We did not pursue any farther.

#4 - Now what stands up in court may not be what stands up at the living center front desk. If sister has posted a "do not allow in" notice, the facility may just be following instructions. And they are not going to get in the middle of a dispute between siblings or interpreting the law. If you have specific concerns, you can talk to the resident manager about what their policy & procedures are on that kind of thing.

Nursing Homes don't call the cops unless there is some kind of uproar. Please give us more details. What rights are being infringed upon for Dad?