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My my brother has control over $10,000 a month pension, brother bought two new cars and transfer title of home to himself. My father is under undue influence and afraid of him. Recently he broke his hip and is in the hospital I drove 9 hours to Arizona to visit him. I have called the hospital 3 x today I was told they would return my call and never did I spoke with the nurse moments ago and she said my phone number was erased from the board and my brother said he has medical power of attorney and any information about my father should come from him and all calls be directed to him. Is this legal for the hospital to do this? I feel my brother is controlling my dad because of the money is there anything I can do to help my father at this time?

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If your Dad is competent, he can have you put down as a person being able to receive info.

I think the problem with having a POA is that its not explained what they cannot do. It explains what they can do. If ur worried that brother is abusing his POA , consult with a lawyer. He maybe able to ask for an accting. Turning the house over to himself may cause a problem with Medicaid if Dad needs it and transfer was made within the 5 year look back.
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I echo that there is some vital info missing in your post. In the end, if you brother is non-cooperative in sharing any info with family, you will most likely need to consult with an attorney who is experienced in elder financial abuse (since this is what you suspect) to see if you have any recourse. Isolating you dad from family is cruel. Are there other family members who also share your concern? Not sure if your brother is legally required to give anyone an accounting for how he is handling his father's financial affairs. Does your father have dementia? Always so sad to read about family fighting over money and control, but a very common scenario. Good luck!
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You said you drove 9 hours to visit your Dad..........did you get to see him & was he receptive to you?

Your brother sounds like a control freak! If your Dad wants to see you he has every right to as long as you don’t upset him.

Have a lawyer check out the POA papers to see what kind of powers your Dad has given him & when.


Best wishes to you & good luck!
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The hospital staff cannot communicate with you without your father or his POA's instructions. They would be breaking patient confidentiality. It's a no-no.

Who told you about your father's broken hip and hospital admission?

This is going to sound like a stupid question, because obviously there *is* a problem of some sort, but why would you not tell your brother that you planned to visit and make arrangements through him?
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JoAnn29 Dec 11, 2019
CM, are u saying OP needs to run it by POA when he plans to visit? POA doesn't work that way. OP has a right to visit his father without permission from the POA. The POA would need to prove that visit from OP is detrimental to fathers well being. Or, just curious to know what the dynamics are between the two brothers?
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If you feel that your brother is misdirecting your father’s money or downright stealing from him, you will need to have solid, indisputable proof of this and hire an attorney. Making accusations against your brother will solve nothing and only cause him to isolate your father even more.
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Yes it’s legal for the hospital to do that. Unless your father signed a release authorizing the hospital to give you information then LEGALLY they aren’t allowed to tell you anything.
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