Legal Question in Elder Law in California
my sister had POA over my mother who has alzheimers. She has people she pays to prepare Mom's meals and administer medication. These assistants go and come throughout the day. Mom is home alone most of the time. My sister does not want any of us siblings visiting Mom. Can she prevent us from seeing our mother? If so what does she need to do this?
1 Answer from Attorneys
First off, unless the POA was a "durable" power of attorney signed before your mother developed dementia, it is void. A standard POA only allows the holder of the power to act with the capacity of the grantor of the power. Once the grantor of the power becomes incapacitated, physically or mentally, such that they could not act on their own behalf, the POA expires. So unless it is a durable POA, your sister has no more rights or powers than you do. If it is a durable POA, then the powers are governed by the terms of the document. It would be a very odd POA indeed, however, if it allowed the holder of the power to keep family from visiting the grantor of the power. Furthermore, cutting off an elderly person from other family is generally regarded as elder abuse, if not by itself then as a huge red flag. You should consult with your local adult protective services department and/or elder abuse unit of the district attorney's office and see what they think about this situation.
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