How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90271
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My mother has been very ill. My sister has the medical poa

Resolved Question:

My mother has been very ill. My sister has the medical poa and has been making the medical decisions for her. I did everything I could to influence the decisions made, as my two sisters wanted to "humanely end her life" by withholding treatment (ventilator, antibiotics and a feeding tube). I ultimately prevailed and my mother was saved. However, she has severe delirium and the doctors think it will take many months for her to recover. Now my siblings are not speaking to me and I am only able to get brief updates on her condition from the skilled nursing facility where she is now. I am in California, and my mother is in Alabama. My sisters are in Virginia (poa) and Delaware (oldest sibling who is a nurse practitioner and who is actually the one making the decisions for the poa). My sisters are planning to move my mother to another facility -but I don't know where. Do they have any legal responsibility to disclose their plans for my mother? I have been flying back and forth to Alabama (4 times in the last two months). It is an expense that I cannot afford--but I gladly pay for a chance to help my mother recover. I am trying to buy a ticket now-but I don't know where my mother will be in the next two weeks. The hospital says that my sisters are discussing where to send her--but cannot give me any more information. Is there anything (legally) I can do to find out ? My sisters do not answer phone calls, emails or texts.Thank you for your time
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Legally, the person with the PoA has the sole right to make decisions for your mother until someone goes to court and obtains a court ordered guardianship over your mother, which would then override the PoA. I am afraid that your sisters do not have to tell you where they are moving her by any law and the sister with the PoA has all of the legal rights at this time.

If you want some power, then you would need an attorney in Alabama right now and you need to get them to file a petition for guardianship in Alabama courts and ask the court to name you guardian or even name all three sisters co-guardian (in which event the majority would rule on all decisions involving your mom, but you would still be entitled to information about her condition and where she is located). Absent the guardianship or co-guardianship order from the court I am sorry to say the person with the PoA can make the determination and does not have to tell you or even consult you and I know that you do not want that, so going to court and getting guardianship is your real answer here.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO XXXXX CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 1 year ago.

Wow. Thank you. I will pay you for your valuable advice and rate the advice as excellent, of course.


I don't know why a court would grant me guardianship-what grounds could I use? She is receiving all proper medical care now--it's just that my sisters are so upset at having been "crossed" (and I'm certain that many unpleasant things were said by all of us during my mother's critical illness) that they are withholding all information.


What sort of grounds could I possibly assert that a court might consider?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

The reason you can seek guardianship is because as you said your mom is not competent to care for her own affairs and you do not see your sisters making decisions for your mom's best interests and they are also excluding you from any information and you do not know if they are depleting her assets or what they are doing with her estate.

Everything you are claiming they are doing are grounds for the guardianship.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90271
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 10 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions