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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101462
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My mother is 95 and has been admitted to hospital. My sister

Customer Question

My mother is 95 and has been admitted to hospital. My sister has power of attorney. She moved to Florida 1.5 years ago and hasn't been back to visit our mother. The hospital has to call Florida every time they need permission to administer meds. My sister is not coming back to Canada, even upon our mothers impending death. When we are at the hospital they can't even tell us anything. My sister has disowned us all and won't give us her phone number. My brother is the substitute. How can we quickly empower him and eliminate her from the process. When my mom passes we will not even be able to receive her body for funeral with my sisters ok. This is unreasonable. We need help right away. What can we do? I'd appreciate any help you can give me. Thank you.
Submitted: 2 years ago.
Category: Canada Family Law
Expert:  Legal Ease replied 2 years ago.

Is your mother mentally incompetent at this pint on time!

Customer: replied 2 years ago.
No. She's unconscious. Her rate is falling. I'm not sure she will make it through the night.
Customer: replied 2 years ago.
Her heart rate is falling
Customer: replied 2 years ago.
Are you still there?
Expert:  Legal Ease replied 2 years ago.

I am terribly sorry to hear this. To get legal rights to make decisions about your mother while she is living you have to get an order from the court appointing you as her legal guardian.

But once she dies the POA is void and the executor of the Will is in charge of her body and the funeral.

Customer: replied 2 years ago.
Where would I go for that? Do I just go to s court house and ask for help? Could you please be a little more expansive with your answers. Thx.
Customer: replied 2 years ago.
Sorry. I'm a little stressed.
Expert:  Legal Ease replied 2 years ago.

No you cannot just go to the courthouse and ask for help.

You need to retain a lawyer to bring this to the judge on an emergency basis but if she is about to die to be frank it is going to be too late. It won't be done today.

And the court application is just for when she is living. It doesn't extend to giving you authority when she dies.