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Question
I could not find what I was looking for....I want to get visitation rights to my mother who is in St. Luke Manor in Fortuna Ca. Her husband is not allowing any of her children or grandchildren, or her brothers to see her, or get any kind of info about her. We have not hear or seen her in 8 years. What can we do, can we take him to court to get the right to visit her? Thank you Patricia A. Manes Luster
Submitted: 53 days and 10 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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State/Country relating to Question: California
Already Tried:
We have tried tolking to her husband, each time we get a new number he has it changed.....We have called St. Luke and talked to the Administrator.....We have Called Adult Protective Serv. That was how we found out she was at St. Luke Manor.....We have called the Ombusman in Eureka Ca.....We have tried to do a guardianship of her and let him have her money, that didnt work....He seems to have all the rights, and the right to keep her children away from her.
Posted by
Attorney Wayne
53 days and 10 hours ago.
Info Request
Dear XXXXXXXXXXXXXX:
This must be so painful to have someone cut you off from your mother altogether. Before I respond to your question, I hope you don't mind if I ask you a question or two to fill in the blanks for me.
(1) Did your mother have anything in writing (e.g. a living will, health care power of attorney, even a letter that said what her wishes were before she was incapacitated?)
(2) Who was granted the legal guardianship you mentioned?
Thanks.
53 days and 10 hours ago.
Reply
My mother had a heartattach and stoke 8 yrs. ago, before that she was strong and would tell her husband if he didnt want her family to visit her he knew where the door was....But after the stoke he took advantage of her and got her power of attorney....and that was when he started keepi ng all 5 of us kids away from her even her grandkids. When we went to get the guardianship, we were told we would be waisting our money, as he had her power of attorney. So we started asking anyone and eveyone.. The reason I am asking you is if there is something I can do, I will hire an attorney to do this....We only want to be able to see her we dont want anything she has Thank you so much
Accepted Answer
You might discuss with an attorney the facts surrounding the stroke and her incapacity at the time. There may be a way to contest the power of attorney based on post-stroke incapacity (the legal question is whether she was "competent" at the time she signed the power of attorney). It may not be easy, but a good lawyer with a lot of experience in elder law would be able to evaluate the options. As I said, be sure to stress the timing of the power of attorney and her stroke.
Again, my all my best as seek access to your mother again. I know how emotionally draining this entire matter must be!
Sincerely, XXXXXXXX XXXXX
P.S. If this information was useful, please click the accept button.
Expert:
Attorney Wayne
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Answered:
9/30/2009
Attorney
Practicing law since 2000.
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