My elderly mother lives with my sister and my sister is making it very difficult for me to see my mother. Because I have a legal written Notorised power of attorney on my mother, do I have legal visitation to see my mother?
That depends. You say you are POA for your mother. What does that mean? Does it mean that she, as principle, appointed you to act as POA for her? OR ARE YOU CURRENTLY acting as POA for your mother?
If your mother is competent in her own decisions, then you, as her POA, are there to act FOR her as she directs you to. And she will decide when, if and how much she wants to see you. IF your mother is no longer competent, if she is diagnosed as incompetent to the extent she cannot safely act for herself and in her own behalf, then you as designated POA are REQUIRED under the law to monitor your Mother's care and finances for her.
So the question comes down to whether or not your mother is competent, whether you are a "designated" or an "ACTING" POA.
Clearly there are some sibling problems here. This will be shattering for your mother, and my heart goes out to her. And it will be very problematic under the law. I suggest you go to an elder law attorney OR to APS. How, in fact, do you even know whether your POA is still active. Without visiting your mother how do you know she hasn't appointed sister new poa and yours has already become irrelevant.
If Mom is competent and living with sister and doesn't wish to see you, then you should resign as POA. If mom in no longer competent and wishes to live with sister with you as her POA then Sister should have a shared living contract with financial help and support and as POA you should be arranging that with an attorney. If mom is no longer competent you need to know this.
My advice is for you to call APS for an arranged visit and talk with Mom and Sister. If mom is still competent my advice to HER would be to give POA to the sister caring for her.
Is your POA in effect? Had Mom been declared incompetent to make her own decisions? My Moms was immediate so I did not need to declare incompetence but you do in a Spring POA.
If Sister is Moms Caregiver, why does she not hold POA? You don't have Power over Mom. POA is a tool. A tool to be able to know where she stands financially and the ability to place her. Are you giving Sis enough money to care for Mom? Sis should not be putting out any money of her own. Mom should be paying her way. If you have Medical then you talk to the doctors and facilities.
No, because she lives with Sis she really does not have the right to not allow u to see Mom. But then, its Sister's home. Are you able to take Mom out of the home? Give Sis a break?
Is your Mom cognitively impaired? If not, she gets to decide who visits her and when.
If your Mom has a medical diagnosis of impairment (and thus your PoA authority is now in play) then you can go over there and talk to your sister about what legal power you have to protect your Mom, her property etc. and that if sister doesn't play like an adult, you will take the paperwork in hand and call either APS or the police.
But just know this will start a cold war with your sister, so don't make a threat you aren't willing and able to carry out. Maybe better to tell your sister it's time she moves out? Otherwise you can evict her. She sounds like she may be trying to manipulate your Mom to get at assets... I'd do everything to get her out if I were you. Does she have an addiction problem? If so, get her out asap.
I would say you have the legal rights to see your mom regardless of whether you have POA or not if your mom wants to see you and you are being appropriate in your request.
Has your moms POA been activated? Is your mom competent to make decisions?
More information might help to get you a more relevant answer.
I am sorry you are having difficulty seeing your mom. You don’t say sister doesn’t allow you to see her, you say she is making it difficult. Can you give more information about this? Perhaps sister feels you are intruding on her private space?
You say you are POA for your mother.
What does that mean? Does it mean that she, as principle, appointed you to act as POA for her?
OR
ARE YOU CURRENTLY acting as POA for your mother?
If your mother is competent in her own decisions, then you, as her POA, are there to act FOR her as she directs you to. And she will decide when, if and how much she wants to see you.
IF
your mother is no longer competent, if she is diagnosed as incompetent to the extent she cannot safely act for herself and in her own behalf, then you as designated POA are REQUIRED under the law to monitor your Mother's care and finances for her.
So the question comes down to whether or not your mother is competent, whether you are a "designated" or an "ACTING" POA.
Clearly there are some sibling problems here. This will be shattering for your mother, and my heart goes out to her. And it will be very problematic under the law.
I suggest you go to an elder law attorney OR to APS.
How, in fact, do you even know whether your POA is still active. Without visiting your mother how do you know she hasn't appointed sister new poa and yours has already become irrelevant.
If Mom is competent and living with sister and doesn't wish to see you, then you should resign as POA. If mom in no longer competent and wishes to live with sister with you as her POA then Sister should have a shared living contract with financial help and support and as POA you should be arranging that with an attorney.
If mom is no longer competent you need to know this.
My advice is for you to call APS for an arranged visit and talk with Mom and Sister.
If mom is still competent my advice to HER would be to give POA to the sister caring for her.
If Sister is Moms Caregiver, why does she not hold POA? You don't have Power over Mom. POA is a tool. A tool to be able to know where she stands financially and the ability to place her. Are you giving Sis enough money to care for Mom? Sis should not be putting out any money of her own. Mom should be paying her way. If you have Medical then you talk to the doctors and facilities.
No, because she lives with Sis she really does not have the right to not allow u to see Mom. But then, its Sister's home. Are you able to take Mom out of the home? Give Sis a break?
Is it possible for you to see mom without your sister being present?
Is your sister burning out as a caregiver and perhaps not thinking clearly about your situation?
It’s hard to know how to answer not knowing your specific situation.
Wishing you and your family well.
If your Mom has a medical diagnosis of impairment (and thus your PoA authority is now in play) then you can go over there and talk to your sister about what legal power you have to protect your Mom, her property etc. and that if sister doesn't play like an adult, you will take the paperwork in hand and call either APS or the police.
But just know this will start a cold war with your sister, so don't make a threat you aren't willing and able to carry out. Maybe better to tell your sister it's time she moves out? Otherwise you can evict her. She sounds like she may be trying to manipulate your Mom to get at assets... I'd do everything to get her out if I were you. Does she have an addiction problem? If so, get her out asap.
Has your moms POA been activated? Is your mom competent to make decisions?
More information might help to get you a more relevant answer.
I am sorry you are having difficulty seeing your mom. You don’t say sister doesn’t allow you to see her, you say she is making it difficult. Can you give more information about this? Perhaps sister feels you are intruding on her private space?