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Jdmarsh824 Asked June 2020

My aunt has POA over my dad. She has restricted visitation to my mother, myself, and my sister yet her kids may visit. Is this legal?

 Can a spouse be denied visits?

Jada824 Jun 2020
You really should see a lawyer who specializes in elder care. I’m in the same boat as you but it’s my brother who won’t let myself or my kids see or talk to my mom. He took her took a lawyer when she had dementia to sign a DPOA & amend her trust to benefit himself.

I’ve tried everything to get to see her.....APS, my Senator, State Representative, police you name it. No one can help, they say it’s a civil matter and to see a lawyer which I can’t afford.

My heart goes out to you because I know how you feel. Best of luck to you & let us know how you make out.

cwillie Jun 2020
If he is paying for a nursing home then I doubt the pensions are a factor, even with two private pensions and SS it is doubtful there would be enough left over to line anyone's pockets. As for spousal rights - I think your mom needs a better lawyer, perhaps someone from the Chicago area.

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Geaton777 Jun 2020
Jdmarsh824,
I'm going to post your reply here so others will see it sooner:

"My parents are still married, but my aunt has basically coersed him into signing poa and has taken him to the Chicago area where she lives. He is in a nursing home. We're in Indianapolis. She claimed that dad was scared of us. But I do suspect she wants his 2 pensions etc. While my mom has attorney, there is No resolve after a year. My mom even isn't a authorized to call him on the phone.
I'm just trying to see what can be done."

Geaton777 Jun 2020
What do you suspect is the reason for denying your entire family? Where does your dad reside, in a facility or in your aunt's home? If your parents are still married, why are they living as separated? I don't think a spouse can be denied visits unless your dad has expressed this desire. Laws pertaining to this may vary from state to state. Some on this site will provide more specific guidance. If you think the reason for the embargo is that your aunt is engaged in financial exploitation of your father you will need to lawyer up, especially if they have common assets and property.
Jdmarsh824 Jun 2020
My parents are still married, but my aunt has basically coersed him into signing poa and has taken him to the Chicago area where she lives. He is in a nursing home. Were in Indianapolis. She claimed that dad was scared of us. But I do suspect she wants his 2 pensions etc. While my mom has attorney, there is No resolve after a year. My mom even isnt a authorized to call him on the phone.
I'm just trying to see what can be done.

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