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Law Maven
Law Maven, Lawyer
Category: Canada Law
Satisfied Customers: 164
Experience:  Lawyer & Instructor at Algonquin Careers Academy
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My sisters are hiding my mother who is dying, they won't let

Customer Question

My sisters are hiding my mother who is dying, they won't let me see her, what are my rights, we have not talked in 10years.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Law Maven replied 2 years ago.
Hi, my name is ***** ***** I'm a Canadian lawyer. I'd like to help with your question tonight. I'll need a bit more information, though, to be able to fully answer. Do you know what your mother's mental capacity is? Is it likely that one of your sisters has been given legal control over your mother's care? Or can your mother make her own decisions? It would also be helpful to know what province your mother is in, as the law is a bit different from province to province in terms of how health-care decisions get made, and who gets to make them.
Customer: replied 2 years ago.

I don't know if my older sister has any legal authority over her. The province is in Quebec. My mother has less than 4 months to live so her mental capacity is probably not good at all. As her daughter do I not have any rights?

Expert:  Law Maven replied 2 years ago.
There is not generally any specific legal right for family access other than between parents and children under the age of 16. If your mother is capable of making her own decisions, she has complete control over who she sees and whether any one is allowed to visit her. If she is not capable, and you think that your sister is preventing you from visiting for her own reasons, then you can make a legal argument that your sister is not acting in your mother's best interests. At that point the government can step in and decide who should act for your mother, and that decision maker would be able to make it possible for you to visit. If you want more information on how to challenge your sister's control, you could look at the website of the Public Guardian or Curateur public That is the office that can oversee or challenge the way that a private individual is making health or care decisions for someone who is incapacitated.
Customer: replied 2 years ago.

Is this free? Can my sister do this? My mother and I only talked once in the past 3 years since she was in the hospital, now she is transferred somewhere they won't tell me. What can I do?

Expert:  Law Maven replied 2 years ago.
Some of the services of the Curateur are free, some are not. You can get more information by contacting them either through the link I gave before, or their contact link here: One thing that they can help with for sure is that they can tell you whether there is a registered Order or care plan for your mother. You need her name and date of birth, and they can check the registry for you.
Customer: replied 2 years ago.

I don't know her DOB exactly, will that be a problem?

Expert:  Law Maven replied 2 years ago.
I have not used their registry, so I do not know whether they can find a name with partial information. It may be easier if you search the registry online yourself, that way you can try several different dates. But if you call them they can also let you know exactly how much information they need for a search. If that does not give you more information on your mother's situation, I would strongly suggest that you contact a legal assistance service in Quebec that can give you more direct legal advice. There are local community legal clinics listed here: as well as other ways to get legal assistance for free or at a low cost. It seems likely that you will need a lawyer or notary to speak with your sister. If they can persuade her to change her mind, then you would not need to go to Court which might not be a fast enough solution since your mother is very ill. I know this is not necessarily the answer you were looking for, but there is no easy solution in a situation like this. I hope I have fully answered your question and given you a couple of things to try, but please do not hesitate to ask for more information if needed. When you are satisfied with the answer, kindly provide me a positive rating so I can receive credit for my answer. My answer here contains only general legal information and not legal advice. No solicitor/client relationship has been created by this communication.

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