Can a POA withhold information or documents from a caregiver? -

Can a POA withhold information or documents from a caregiver?


My dad lives with me and my sister has POA. she has no contact with him whatsoever I asked her for a copy of his birth certificate in order to apply for Medicaid for him, to help cover the cost of his meds. He was born in Puerto Rico so its difficult to obtain ( it also costs $70). She refuses to allow me to have it. So he was denied Medicaid for not providing requested documents. also denied installation of safety bars in my home. What options do I have? I would rather not get confrontational with her as she can be difficult. I have no intentions toward any of his assets, other than any burial insurance he may have. She threatened to put him in a nursing home, Im not sure she even knows hes been living with me for months. She says she knows what I really want with it. I was not present when her lawyer drew up the paperwork so I don't know what it entails. I don't even know who is legally responsible for him or any of his debt. Please help.

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


Quick question. My brother is the DPOA of my 91 year old father with dementia. He is withholding any medical information from me and my sister. When my father is in the hospital as he is now, what kind of information can I get from the facility? Can I ask if he slept during the night?, if he is eating his meals?
Helpful Answer (0)

Voiding And Termination

The power of attorney document can be voided several ways. If the document has not been registered, it can be terminated by:

The principal’s death
A termination procedure designated in the original power of attorney document
Destroying the document if the principal is still competent
Revoking the durable power of attorney by a writing document that is signed, notarized, and sent to the attorney-in-fact by certified or registered mail if the principal is still competent
If the document has been registered there are also multiple ways to terminate it, including:

Revoking the durable power of attorney by filing a written revocation in the register of deeds office where the original document was filed
The death of the principal
The unavailability of an attorney-in-fact
The principal’s divorce from the attorney-in-fact in several states, including Alabama, California, Colorado, Illinois, Indiana, Minnesota, Missouri, Pennsylvania, Texas, and Wisconsin
If the attorney-in-fact dies, and the principal has not named an alternate, the power of attorney document is also terminated. Regardless of the way that the power of attorney is revoked, the attorney-in-fact should always be notified of the termination of the document.
Helpful Answer (1)

I have POA for my mother and I am her caregiver, BUT I tell both my sisters, everything that is going on and have documentation available to them to check out bank accounts or anything else they may be concerned about.

If I were you I would first call the attorney who made out the POA if I knew it and ask for a copy of it, if they will give it to you. Second or maybe first, I would call an attorney and ask for legal help. There are agencies that can help for free and if there is an Alzheimer's Caregiver Agency around you, call them and ask if they can point you to a free attorney.

It sounds as though your sister took POA for her own benefit, not for the benefit of your parent. If there was any money in accounts, you may find out that they have been depleted. She has grabbed POA to be able to make all decisions on her own, the thing is she is suppose to be making decision for the welfare of your father, not rob him blind. If she doesn't know that he is even living with you, don't tell her, you may need to use this against her to have her removed as POA, this is the position you should hold as you know what he needs.
Helpful Answer (0)

Norman, you have NOTHING to fear from your sister. Nothing. She is taking advantage of you, and your father. She is getting away with an extremely important issue here--your dad's life and his care.

Trust me, I KNOW how intimidating your sister may seem. It's all smoke and mirrors. She is using your ignorance against you.

Knowledge is power. Take what we are teaching you and put it into action. Get a DPOA TODAY! It's not expensive!!! Get a notary to come to the house if you can. The minute it is signed, it's you and dad, not sissy and dad.

Does his SS check go to sissy? Does she have all his banking and financial info? If so, tell her you have dpoa and you need it to manage things. She won't like it one bit. Then get elder services to tell her for you. She won't like that either.

Sissy cannot do a thing to hurt you but get mad. Let her. Mine belted me in the jaw when I did this, but I stood my ground. I called the police just because I could to let her know I wasn't taking that from her. She was made to sign something that stated she would never ever step foot on this property again! (that is really what happened, so don't laugh! I'd never heard of it either, but she signed it and I haven't seen her since that day last year!!!) Elder services can explain to your dad that sissy is not going to be poa any more cos she didn't do her job right, and since dad lives with you, it's just the right thing to do.

And if Dad lives you, His social security check can be deposited wherever you set up an account for it. You will be his representative Payee. It's that simple. Show them dad lives with you and you have his care.

No more bullying from Sis. She needs to get the hell out of your way.
Helpful Answer (2)

There are 2 kinds of Powers of Attorney: Health Care and financial. So first its important to figure out which one he has signed.
A POA can be changed or revoked at any time by your dad.
You can get a duplicate copy of his birth certificate from the county where he was born.
Filing for guardianship will not give you control over his finances. A conservator is responsible for the financial part, a guardian is responsible for the care and well being of the individual.
Talk to legal services or an attorney on your dad's behalf. He is the one who needs assistance.
Helpful Answer (1)

Thanks everyone for the great advice. I have contacted elder services and was told just about the same thing. I was also told she can be charged with elder neglect. I am afraid to call her bluff as I am afraid she may actually take him out of my home' she has told my son she doesn't care if he dies. I am also overwhelmed by the amount of work all this is and just don't have the energy let alone time to fight her. I know I will just have to suck it up but this is just another thing I don't need. Once more Thank You all. and I will certainly be using your advice. This truly is the best site. I have received great advice, therapy and kinship from you all.
Helpful Answer (0)

1. Your sister is accusing you of wanting Dad's info to get his money, 2. Sister has no contact with Dad and certainly doesn't realize what is involved in caring for him. 3. She is threatening to put him in nursing home. Idea: Call her bluff. Let her try to arrange for his care. Let her see how much effort that will require on her part. Let her see what kind of contact with Dad will be necessary on her part. Let her see how much it will cost her financially, emotionally, socially, etc. to get Dad in a nursing home. Since she has POA let her take the responsibility that goes along with that authority.
I seriously doubt if she will ever appreciate all that you have done and are doing for Dad, but maybe she will at least talk about who should have the POA and relinquish it to you so you can more easily give your Father the care that you are already providing and that he deserves.
Helpful Answer (2)

You do not say where you live, but first I would call the attorney who allegedly drew up this POA, and ask for a copy. If the attorney refuses, say you will file for guardianship because your father lives with you, you have direct contact with him, and you provide financial assistance. Then go to Probate Court, and ask the court to appoint a guardian ad litem for your father. The Court will compel your sister's attorney to produce documents which state how often she visits, how much money she is spending, etc. A guardian ad litem really works solely for your father's best interests. That person is responsible to report to the judge, and make recommendations as to the appropriate person for a POA or guardian. If your father has dementia and is medically (signed by a doctor) that he is incompetent, then your sister's POA is invalid. The next of kin can get birth certificates from US states, and Puerto Rico is a US territory. Best wishes and keep being an advocate for your father.
Helpful Answer (6)

I have to agree, you are avoiding conflict with your sister, who is not seeing to the best interests of your father. I certainly would go get your own DPOA with an elder law attorney, that will solve the matter and your sister doesn't have to be informed. She doesn't have authority over you and it sounds like she has no interest in taking care of the duties as POA, she only wants to prevent you from helping while she sits back doing nothing.
Helpful Answer (1)

One more thought: If your sister has POA and she never comes by, and has nothing to do with her father for whom she is POA, she needs to be replaced immediately.. She is POA for all the wrong reasons. In fact, she is obstructing his care. Get the DPOA drawn up, (durable power of attorney means you still manage all your dad's care even when he is incompetent!). Tell him this new document will help you take better care of him because right now your hands are tied. Once he signs it, you get all Dads ducks in a row for him yourself. Sis can ...well, I can't say it here.

Your struggle is in wanting to do the right thing but you fear conflict with your sister. That means she controls you too. Rise above it.
Helpful Answer (3)

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