Legal Question in Family Law in Maryland

my eldest sister took my elderly father and obtained a power of attorney of him. my mother, his spouse was not notified or consulted with.. Now, my sister has specifically stated in my fathers medical records NO ONE is to get any information on medical, financial nothing INCLUDING my MOTHER, the have been married 51yrs and my mothers is not aloud to know anything.. is this legal?

Please let me know. Kelly


Asked on 1/28/10, 8:23 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

If your father was mentally competent at the time he signed the poa, and was not under duress or undue influence from your sister, the poa would be valid. However, if he is still competent, he could revoke it at any time, and if you think he never intended to shut your mother out like this when he signed it, you should discuss this with him and encourage him to revoke it. Generally issue pertaining to health care are delegated by an advance medical directive that specifically discusses those issues and appoints someone, usually a spouse or child, to make those decisions if the individual is unable to do so. If you think your father is too incompetent at this juncture to understand what his status is and to sign legal documents, you would have to file a court petition for guardianship in order to overcome your sister's actions.

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Answered on 2/02/10, 8:47 am


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