Legal Question in Elder Law in Arizona

I have a sister presently living with my mother (age 98) who is now dieing. our sister claims to have power of attorney and refuses any of her siblings to set foot in the house and be at our mother bed side before she dies.

what rights as siblings to we have to force our sister into seeing our own mother?

she has already called the Sheriff's dept demanding that we vacate the house and refuses to open the door to us if we are to return.

we do not expect our mother to live another 1 week.


Asked on 5/14/10, 12:09 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

You could certainly take legal action to gain access to your mother, however, it is doubtful that anything could be accomplished in one week or two. On the other hand, if your mother is capable of expressing her desire to see you and other syblings, then you may be able to gain entry inspite of your sister's action. Also, if you retain counsel and a lawyer demands entry into the house to access your mother, that may be effective because your sister won't want to spend money to defend herself and her actions. You could complain to Adult Protective Services and get them to try to access/contact your mother and ask if she wants to see you.

You should take action as quickly as possible.

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Answered on 5/19/10, 3:08 pm


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