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My sister states my dog is a fall risk.


I have been an RN over 35 years and know that dogs and family in my mother's house increase the quality of life. I am able to take full responsibility and this dog will be supervised. However, I do not get along with my older sister related to financial disputes. ( She returned the money) . She now has POA and medical power without experience. I wanted to give her a break from her caring for my mom ( my sister is at my mom's house Wed and Thursdays) but she said I would interrupt the continuity of care with the other care givers and increase the fall risk with the dog . I got the impression she didn't want me to visit my mom for 5 weeks over Christmas and mom's birthday so I stayed home. But I am curious; can she legally kick me out of my mom's house because I bring my doggie? BTW, my mom loves this dog.

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Thanks for speaking in legal terms. I think it may make legal sense to me. I'll have to look up the difference of guardian and medical power of attorney. My mom's trust states she can be legally declared incompetent as long as she has two doctors diagnosing incompetence . So yes, my mom has been declared incompetent last November . So probably my older sister is the "legal guardian" and trustee. Thank GOODNESS my sister hired a lawyer to help her with POA ( trustee) and MPOA .( she had ignored my CPA husband when he stated she was in violation of the trust when she took money for herself) My sister did not need to go to court to declare my mom incompetent. Nevertheless, I'm discovering she has a lot of legal power and she now has a legal right not allow the dog . OK with me today ... I have detached myself. The dog issue really was about control.
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Suji53 - I don't think the previous posts really addressed the legal aspect - which I understood to be the root of your question. Not all DPOAs are the same in content but the legal premise is the same unless your state has specifics that would differ - but I have never heard of that ever being the case. A POA has the legal authority to act in the persons place in sometimes specific areas like finances and medical - these specifics would be spelled out in the POA documents or in other cases a DPOA can be authorized to act legally in the persons place over some others areas (for instance my mothers DPOA specifically mentions pet care) or every complete aspects of the persons life. The key is that the POA is ALLOWED to act in their place but not instead of. Meaning the POA is working on the assumption that the person would be and/or is in agreement with the choices the POA is making. In other words a POA can not override the persons choices because they disagree - unless the person is deemed legally incompetent. This determination must be done in court. Usually at this point - once in court the POA more or less becomes a mute point as guardianship must be appointed to protect any legally deemed incompetent person - and guardianship trumps POA. So bottom line this is how it would work in your case: if your mom says you can visit and bring your dog, your sister can not override her. If your sister does wish to override your mother and not allow you and/or your dog she must have your mom declared legally incompetent in court. I hope this all makes sense to you!
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Wow!!! If this is true then that means if sissy feels that children are a fall risk, she could deny visitation rights. Learning new things. Thanks. And yes, it is over POWER. My sister has always been the one who wants power over humans.
Again, I am not bringing my dog any more just to keep the peace. If fact, detachment is the way to go . But I'm finding out power can go to extremes. Yes, mom picked sissy because she is the oldest and my brother and I do live with it. Glad the lawyer at least made sissy return the money she illegally took. This is a great challenge in life and lessons are being learned.
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The "dog" is just a ruse for both you & your sister over power imho.

Mom named Sissy MPOA & as such if she deems a dog poses a fall risk, a scratch & abrasion or allergy risk, etc to your mom, that's within her purview to do. Your being an RN with 35 yrs experience is moot. Mom picked Sissy -- not you the RN with 35 yrs experience-- as her MPOA. If Sissy is also her DPOA as well then Sissy really is control central for mom. Mom selected Sissy not you.

Try to find & establish a relationship & an account with a kennel in moms city to take & leave poochie so when you visit mom you do so without your dog. Or plan on staying at a pet friendly hotel and travel with a kennel for poochie & dog stays in hotel room while you visit mom.
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Looking a little further.... from my understanding there are limitations. A medical power however can make decisions like:

1-What medical care they receive. (This is also dependent on the financial means of the person in need of care and the approval of the financial POA)
2-Where they live
3- What they eat
4- Who bathes them

That's it..... but she can make personal requests and I'll respect that.

However, if I have come out for an emergency and have no dog sitter, then at least I know my sister can't call the police on me to remove my dog out of the " medical power decisions for " safety for my mom." I don't think this will ever happen. Thanks.
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I am an RN and also an animal trainer. Yes, my dog has a crate and is crate trained very well. She also is used to walking with me around the house ; leash tied around my waist ( a training method for future service dogs) . This older dog also has visited nursing homes. And yes, I know the benefits as well as the risks and can take responsibility. Nevertheless, I want to keep the peace in the family so I will fly out and make quick trips in the future without my dog.

The REAL question was about the legalities of what a MEDICAL POWER of attorney can actually do. Not a POA. I don't believe she can LEAGALLY say I can't visit because of a well trained dog. Or can she? There must be a legal list of what a medical power of attorney ( not POA) can and cannot do. Anyone know?

If the case of not bringing a dog to my mother's house is true, then she could do the same with small children. My mom walks slowly by herself and uses a walker for longer distances. She rests in bed or on the couch about 80% of the time.
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I worked at a facility that had two resident cats and a dog. Some of the aids were terrified of the cats. But the patients loved them all.

It sounds like your sister is trying to keep you from visiting. The dog is just an excuse.
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Can you bring a crate for the dog?
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I suppose there could be health ramifications so I wouldn't go against the sister on this. Does mom have any allergies? What about the inhome healthcare workers?

Mom might enjoy it, but it does depend on the circumstances. Is your mom mobile? We have a family friend who has tripped on her dog twice and fell down. So, I see the concern. Apparently, your sister either doesn't think it's worth it to trust you to supervise the dog or doesn't think you will. I don't know, but does she have reason to think that you won't? I know plenty of people who do not properly supervise their dogs...though they would say that they do.

What about the liability if the dog injures an in-home care worker? I realize your dog is not likely vicious, but you never can be sure about those things. Maybe photos of dogs, videos or stuffed animals would be safer and please the POA.
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The hidden message there is that she (POA) is not a pet person. Heck we took the dog to the nursing home to see Nana at age 95. Nana would encourage the dog to get up on the bed and giggled because she knew it broke the rules.
Aides on the other hand, sometimes have a deathly fear of dogs or cats.
Go anyway, but if the aide is frightened, be prepared to leave.
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