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Happyfeet4 Asked January 2017

My bilogical brother needs a power of attorney. Can I the bilogical sibling have the right over his adopted mother?

My brother is in the hospital in ICU he has a brain injury. He had not spoken to his adoptive mother in a year and a half. She didn't even know his address or number . Do I have any rights as his biological sister?

cwillie Jan 2017
I'm not sure what you are asking, what kind of "rights" are you looking for?

No one can appoint a power of attorney over someone else or transfer their duties as POA to someone else. If bro needs an advocate and has never assigned a POA then you will need to seek guardianship.

If his adopted mother needs oversight then she may also need a guardian, although often when people draft a POA they name an alternate if the first person is unable to serve, you would need to read the document to see what it says.

If all you want is permission to contact his adoptive mother to share news about his condition then you don't need any legal document for that.

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