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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33781
Experience:  Attorney with 15 years experience
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Can my brother power of attorney take my mom from her house

Customer Question

Can my brother power of attorney take my mom from her house and not tell her other 2 daughters where he took her she been gone a week
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Does brother have a medical power of attorney or just a general power of attorney?

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Is mother suffering from any kind of illness or disability that would make her mentally incompetent?

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Do you have reason to believe mother is in danger?

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thanks

Barrister

Customer: replied 1 year ago.
My sister have med power of atty who is working with my brother
She have congested heart failure kidney failure Alzheimer.
Yes possibly danger my mom stated not to be left with the sister who have med power of atty.I believe they put her in nursing home and dont want us to see her so we can deprogram her from the false reasons they are doing this. She is not legally declared incompetent. She still able to do alot her memory is at the beginning stage for short term memory lost. I know she is crying out she been in her house for 50yrs. We are her caregivers at the house but they took her
Expert:  Barrister replied 1 year ago.

Ok, from a purely legal perspective, if they have a medical POA, and mother is unable to make medical or care decisions on her own, then they would have the legal authority to admit her to a care facility if she needs more intensive care than can be provided at home.

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At this point if you have have reason to think she is in danger, you could contact the local police and ask them to perform a "wellness check" where they will contact brother and sister and obtain information about mother's wherabouts and have local police check in on her.

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The only other option to gain control would be to file a formal petition for guardianship in the local probate court where mother last lived and seek to be appointed legal guardian over mother. If you were successful in your petition, you could revoke the POAs and then would have complete control over mother's care and affairs.

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thanks

Barrister

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