Legal Question in Family Law in Louisiana

No rights concerning Mother in nursing home

My mother is in a nursing home and she made my brother her Power of Attorney. He lives over 100 miles from here. He has fixed it with the nursing home that we have no rights as far as my mother goes. We can't even find out how she slept or even if she has had a drink of water. My sisters and I feel that she is being over medicated but we have no rights as far as finding out what medication she is on and voicing our opinion. We have taken care of our Mother for the last almost 5 years but for some reason my brother doesn't think we have. Of course, he never came in but twice a year. He now comes in every two weeks but he doesn't realize what is going on or maybe he just doesn't care. We have no problem with him being her Power of Attorney and taking care of her finances...we just want the rights to take care of her medically. Mother went into the hospital at 12 noon and we didn't find out anything about untill 11:30pm that night and my brother didn't bother to come in and see about her. We went every day and stayed with her and even took off from work but my brother didn't come in to see about her. We have tried to talk to him but he hangs up on us. A month ago Mom was find and now she is totally confused and out of her head.


Asked on 9/17/07, 1:05 pm

3 Answers from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: No rights concerning Mother in nursing home

I suggest you take a copy of the power of attorney to an attorney so he can interpret your brother's rights. If you cannot get a copy, then you may have to file a legal action so you and your siblings can have more say-so in the matter.

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Answered on 9/17/07, 1:16 pm
Johm Smith tom's

Re: No rights concerning Mother in nursing home

This is most likely a situation where you and your brother are not going to agree, especially if your mother has anything of value. So you should either get serious and retain an attorney where your mother is located or accept the situation. Good luck!

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Answered on 9/17/07, 1:35 pm
Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

Re: No rights concerning Mother in nursing home

I cannot tell if you are in KY or LA, and I will confine my comment to KY law. You may file an action to become your mother's guardian in District Court. If granted, this would supersede the POA. There is much more to this scenario, including court hearings, etc., but perhaps this will point you in the right direction. The County Attorney is supposed to assist you in this matter, although sometimes that is delegated to court clerks (such as in Jefferson County KY).

Good luck.

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Answered on 10/09/07, 11:02 pm


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