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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101377
Experience:  Lawyer
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I am executor of my mom 82 who has alheimers she is in a lodge

Customer Question

I am executor of my mom 82 who has alheimers she is in a lodge they keep releasing private info about my mom and myself to my ex wife. They are blackmailing her and upsetting her.the home has refused me a cess to my own mom and my son.they told me I cannot move my mom to a new home and if I try the home says they will get a restraining order.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Are you saying you hold the Power of Attorney for you mother? Why does the home say you cannot come near your mother?Why does the home think they can decide where your mother lives?
Customer: replied 2 years ago.
Yes power of attorney for my mom. The home refused to read it.They said they are a independent lodge and do not have to follow the privacy act and also had my mom sign a document saying she didn't want to move this morning.they have free access to do direct withdrawals from her bank account last week mom needed to go to hospital they sent her by cab and billed her bank account 400. Mom said she was unhappy there and lonely and wanted to move closer to I put a 800 deposit on a new lodge today they had her sign a refusal to move.the people at new lodge spoke to mom alone and verified she wanted to ex went up and messed my mom. All up And said I was dangerous to the staff today they say I cannot move or visit my mom
Expert:  Debra replied 2 years ago.
Is your mother mentally competent?
Customer: replied 2 years ago.
She has alheimers and is 82 with health problems including cancer
Expert:  Debra replied 2 years ago.
Do you have a POA that takes effect when she is incompetent?
Customer: replied 2 years ago.
No not yet hiring a lawyer to get one
Expert:  Debra replied 2 years ago.
But you said you did have one and showed it to them. What do you have exactly that you showed to them?
Customer: replied 2 years ago.
No they refused to read it and said they are a independent lodge and don't have to follow government laws or rules.the owner said I don't care what documents you have.we have a living will and a will of executor and trustied sa
Customer: replied 2 years ago.
Trustie and fianacial decisions well alive
Expert:  Debra replied 2 years ago.
This is not making sense. They do have to follow the Power of Attorney (POA) for car and finances if these are for when your mother is incompetent and she is incompetent. Someone has to give them the authority to do things for your mother and if your mother is not competent then it is you who has that authority. I suggest you take the POA and call the police and ask the police to escort you into the home so you can remove your mother from the home and to a place of safety. As well you can retain a lawyer to send them a letter threatening a lawsuit for significant damages.