My aunt has power of attorny over my mother and is keeping me from seeing her and will only let me speak to her if i call aunt she will not give me my moms number and will not let me send gifts unless i send them thru her. She moved my mother to another state and placed her in nursing home. can I do somethinf about seeing my Mother without going thru my aunt.
1 Answer from Attorneys
Your legal options depend largely on the status of your mother and aunt. Does your mother have legal capacity or is she adversely affected by dementia or other issue which has resulted in mental incapacity? If your mother no longer has sufficient mental ability, your aunt, as DPOA designated agent or if appointed as guardian, has authority to make basic decisions regarding finances and care. You may have the option of raising your issues and concerns in local probate court, but you will have the burden of proving that your aunt is unduly restricting your visitation with your mother and not making decisions in the best interest of your mother.
Related Questions & Answers
-
My mom has Parkinsons Disease and live s with my sister & her family.Mom needs... Asked 4/29/11, 11:51 am in United States Florida Elder Law
-
I have a friend whose Aunt died in Florida, she has a brother who is next of... Asked 4/12/11, 10:28 pm in United States Florida Elder Law
-
If parent pays relative for care and then needs to go to nursing home, would the... Asked 4/07/11, 9:23 am in United States Florida Elder Law
-
Hi, While visiting my Mother in Florida, my sister and I discovered several things... Asked 4/04/11, 6:51 pm in United States Florida Elder Law
-
My father signed me a POA because he had a stroke, now an associate of his is trying... Asked 3/21/11, 11:39 am in United States Florida Elder Law