My mom lives with my sister. My sister will not allow me to visit privately with my mom. What do I do? - AgingCare.com

My mom lives with my sister. My sister will not allow me to visit privately with my mom. What do I do?

Follow
Share

Does my sister have the right to refuse a private visit with my mom? My mom lives with my sister and requires constant care. My sister is presently in a court battle regarding my father's estate against his present wife. She has cut me out of the will and declared herself POA. She says she is afraid of me and therefore must be at the visits with my mother. What are my legal rights to having a private visit with my mom in my sister's home?

This question has been closed for answers. Ask a New Question.
6

Answers

Show:
I'm sure that's true, Talkey; but in that case, if she won't allow people in her house or imposes unreasonable conditions on them, she has to make alternative arrangements for her mother to spend time with her children if her mother wants to do that. To isolate her mother by preventing her from receiving visitors she wants to see and conversing with them freely if she so wishes would potentially be elder abuse.
Helpful Answer (0)
Report

Unless your mother has a lease agreement with your sister that supersedes your sister's property rights, your sister has final say over who may enter her property --my 2 cents; I am not an attorney.
Helpful Answer (1)
Report

You, like so many people in this difficult situation, are putting the cart before the horse.

The point is, your mother has a right to see her children, and a right to privacy. If she wants to talk to you privately, she has a right to do that; and if your sister has genuine concerns that it would not be in her best interests - for example, because she has grounds to believe that you might exert undue influence on your mother, frighten her, alienate her from her primary caregiver, upset her, confuse her, blackmail her or demand money from her - then she can take that to court and get an injunction.

Is your mother of sound mind?
Helpful Answer (1)
Report

You don't have the legal right to go into your Sister's home.
Helpful Answer (1)
Report

I'm also confused. A couple of questions occur to me. One is: does your sister have any reason to be afraid of you? Does your mother? Also, why do you think your sister doesn't want to allow you to be alone with your mother? Is she hiding something? Are you worried that your mother is being abused? If you're worried about elder abuse, including financial exploitation, ask Adult protective services to pay them a visit.

You don't have a legal right to visit anyone, anywhere. It's up to your sister who she allows into her house, and it's up to your mother who she wants to see. Is there any reason why you can't ask your mother out for lunch or something to have a private visit with her? Is your mother housebound or bedbound?

I would try to get your mom away from the house for a visit to get away from your sister's listening ears so she will feel free to speak to you candidly about whatever is going on.
Helpful Answer (1)
Report

I'm a bit confused. Only your mother could change her will, and then only if she was competent when it happened. Is your mother competent now? If she is, then you could ask her to visit privately.

Your sister cannot declare herself POA. Your mother had to assign the POA to her, and then only if she was competent. A POA doesn't have control over the person except in the special circumstance when the person is legally incompetent. A POA can't deny you permission to see your mother if your mother is competent. Only your mother could decide that. Please let us know more about your mother.
Helpful Answer (3)
Report

This question has been closed for answers. Ask a New Question.