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Mewane Asked September 23, 2025

My father is 90, does not use a phone anymore and lives with my youngest sibling. I am not welcomed on her property. What are my options?

Both my parents were living with her but we all took care them. She filed a petition to remove another sibling as personal administrator as my motherHad both parents sign an affidavit that the sibling was a fraud. I picked up my mom but was unable my dad. I have not seen my dad for over a year and my mom has not seen my dad for 5 months

JoAnn29 Sep 24, 2025
Your Mother hams a right to see her husband POA or not. Consult with a lawyer.
Geaton777 Sep 24, 2025
I was curious about this assumption so I researched it a little in ChatGPT5:

"Marriage creates certain rights (inheritance, medical decision-making if designated, spousal privilege in court, etc.), but it ** does not ** guarantee unrestricted physical access in every circumstance. (My emphasis).

The right to see a spouse is usually recognized unless restricted by law, court order, or safety/medical policy."

Spouses have more rights in hospital, medical and facility settings. Not in prisons or jails, where visitation is considered a privilege, not a right.
AlvaDeer Sep 24, 2025
This is unfortunately now a legal question that you and your Mother will need to see an elder law attorney about. Take all proof and documents when you visit to find out what your options are.

If you like, consider contacting APS (Adult Protective Services) to see if a "wellness check" might be in order. Again, you will need clear explanations of what happened, when, and what now happens when your mother or you attempt to see your elder. This may not be a case for APS, but if they CAN help, at least that help would be without cost to you, whereas an attorney would not.

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KNance72 Sep 24, 2025
You and your mother could file for conservatorship or ask APS to let you visit him .

MG8522 Sep 24, 2025
Is your mother living with you? Is your sister also blocking your mother from seeing your father? Who handles their finances? Do your sister and father live near you and your mother, or far away?

Geaton777 Sep 23, 2025
By "personal administrator" do you really mean Power of Attorney?

Do you know who is his PoA now (assuming he assigned one, like your youngest sibling)?

This is a question for an elder law attorney. We cannot really help you because we are only getting your side of the story. On this forum we often hear the "other" side, where responsible adult children have to block toxic other siblings. This is why you need an attorney, also because laws vary by state. If this sibling turns out to be the legitimate PoA for your Dad, you have very little power unless you can prove they are doing something illegal.

You can report them to APS, but if they go there an find nothing amiss, then you for sure will probably never get to see him again.

Are you worried that he is being neglected or abused? Or is this a money/inheritance thing? If it is not about money, and you don't think he is being neglected or abused, then what is your true concern? If you retrieved him would you be able to care for 2 very needy people?

I think talking to an attorney will help give you clarity to make important decisions.

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