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My brother is an attorney in Florida. I live in Nevada. After our father passed in Sept '14. Since then my brother and I had a falling out.
My brother thinks that I am trying to get the will changed and other ridiculous allegations.
The other day I received a letter from an attorney that my brother has retained. This is a direct quote' " Mr. XXXXXXX advises that you have made attempts to contact XXXXX XXXXXXX. Please be advised that as a result of XXXXX XXXXXXX current mental status, it is not in her best interests for you to have contact with her at this time. You are therefore directed to attempt no contact with XXXXX XXXXXXX because it would be detrimental to her health and welfare".
Our stepmother's physical health is perfect it is her Alzheimer's that is rapidly advancing.
Does an individual who has POA, estate trustee, etc have the authority to dictate who can and who cannot visit our step mother? What is going to happen to the next relative that he gets pissed off at?
Any reply would be greatly appreciated.
Regards,
Glenn G

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Thanks everyone for your replies.
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If he is the legal guardian he can restrict visitors. I assume the falling out has something to do with your father's estate. If Dad died 3 months ago, it is far too soon to expect any distributions. Look at Florida probate law and look at waiting periods required by law.
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Somewhere I remember reading that POA *can* restrict visitors if it's in the best interest of the ill person. He's acting in her best interest, which is the point of the POA. You might need to do some research.

However, something is fishy when a brother doesn't allow his sister to even call and talk to Mom. She's not at his house? So you wouldn't be inconveniencing him. Sorry about the falling out that led to this sad situation.
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Are any of her other relatives in contact with her? Would they provide her address?
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He has no legal authority as POA to stop you from contacting her. Is he also her medical proxy? He seems to be claiming medical grounds for not allowing contact. The letter that you quote simply asks you not to contact stepmom -- it doesn't claim authority or list consequences. You could just ignore it ... but, as Eyeishlass points out, his physical proximity gives him a certain amount of power.
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Both. step mother and brother live in Florida. I asked in multiple emails to my brother to speak to step mother on the phone and if he had any concerns he can listen on the telephone cconversation. I was denied.
I am Not sure what Eyeriskeyes is implying that 'there is much more to the story". It is not like I abused my stepmother or anything like that or tried to negotiate gifts from the estate Etc. I wish I could add more but their is no abuse etc. Thanks for your opinion. I appreciate it.
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Both your brother and your stepmother live in FL?

No, a POA has no authority over family relationships but if he's in FL where your stepmother also is no one's there to stop him from isolating her if he chooses to do so.

You can contact your own elder law attorney, see what they say. It seems as if there's much more to this story.
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Ps, I am also unaware which assisted living facility our stepmother is currently residing at.
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