Legal Question in Family Law in New Jersey
My mother had appointed her brother as power of attorney after seperating from my father. She is now in a psychiatric home after being commitedby her brother. He is refusing to let me see her.Do I have any rights?
Asked on 4/22/10, 11:45 pm
1 Answer from Attorneys
Locksley Wade
Law Office of Locksley O. Wade
A Power of Attorney gives control of your mother's assets to her attorney-in-fact; it does not, however, give control over medical decisions. A living will or a health-care proxy is the instrument that is used to give control of one's medical decisions to another in case you are incapacitated. You should check to see if such denouements were executed by your mother. If they were executed, you can challenge whether your mother had the mental capacity to execute such documents at the time they were executed.
Answered on 4/28/10, 3:57 am