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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36561
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I live 3000 miles from my sister and am her next of kin.

Customer Question

I live 3000 miles from my sister and am her next of kin. Because of severe health problems my sister recently got a friend to be her power of attorney, a decision I whole heartedly agreed with. A few weeks ago she stopped communicating with everyone and was admitted to a hospital for tests, then a geriatric psych ward for tests and now I have no idea where she is or what her condition is. Because of her apparent mental problems she did not sign release of information approval for me or anyone else. I have attempted to work with the woman who has the POA with no success. What recourse do I have?
Submitted: 9 months ago.
Category: Legal
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

Expert:  Barrister replied 9 months ago.

Can you tell me what type of POA it was...financial or health care?

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Is the woman not responding to you or does she simply have no idea where sister is?

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thanks

Barrister

Customer: replied 9 months ago.
I am not sure what type of POA she is. I assumed both health and finacial. She does know where my sister is. I asked her if she could give permission as POA for me to receive info from doctors and med. facilities but she was "uncomfortable" with that. I have tried contacting her since then, unsuccessfully.
Expert:  Barrister replied 9 months ago.

Ok, then if the other person has both POAs for sister, they are essentially in control of her life if she is unable to make decisions for herself about her care and finances.

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It seems odd that this person wouldn't want you to have information about your sister's condition and treatment and that raises some red flags for me. It could be nothing, but then again it could be the person improperly using the POA to take her assets..

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With that said, the only way to trump the POAs would be for someone to file for a legal guardianship over sister in the local probate court and be appointed guardian. Then that person could revoke the POAs and they would then be in control of sister's finances and care.

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But simply being a family member wouldn't give you legal grounds to take any action at this point unless it is go file for the guardianship.. You would need to contact a local family law or elder law attorney where sister is living now to assist in filing the petition if you wanted to seek a guardianship..

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thanks

Barrister