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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101369
Experience:  Lawyer
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About 2 years ago, my mother got Dementia. During that time

Customer Question

About 2 years ago, my mother got Dementia. During that time my uncle was quite harsh with my sister. My sister was my mother's primary caregiver and still is. My sister decided to block all communications with my uncle, including information related to
my mother's illness. My father feels the same way and has also decided to avoid all communications with my uncle. Basically a family fight. Today we have all (my sister, dad and the rest of the siblings, like me) received a registered letter demanding that
we "turn over" my mother to my uncle for 1 day or meeting AND that we disclose her illness and any details thereof. They (my uncle and wife) demand that my mother be alone during such a meeting. Are we forced to go along with this? Does my father get the right
to decide for mother? Does my uncle have any right to do this?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

No. They do not have any rights whatsoever.

The only time they could again any rights would be to go to court and get a court order. Perhaps the registered letter actually threatened court and that is fine. It could be an empty threat. And even if they did proceed to court while they may be able to obtain the right to have access to your mother it would certainly not be for one day and would certainly not be that she would have to be alone with them during the meeting if she has dementia.

It is not clear whether your father actually has the right to decide for your mother. That would depend on whether she appointed him under a power of attorney before she became mentally incompetent. If she did not then for your father to have the right to make decisions about her care or finances he would have to apply to the court for an order appointing him as her legal guardian.

Customer: replied 2 years ago.
What conditions are required for them to get access via a court order? The letter did mention that they would proceed to court,if they don't get access. What if my dad, sister and the rest of the siblings do not want him to have access, would the court grant my uncle access?
Expert:  Debra replied 2 years ago.

The court may grant him the right to have a visit from time to time but it would not be at all what he wants. It would not be all day and it would not be by himself with your mother.

Customer: replied 2 years ago.
Could the court also grant him the right to know what her illness is? He's also demanding that we send a medical certificate indicating her illness.
So my father could block everything including occasional visits IF he gets power of attorney?
I'm in Quebec. Is this Federal law?
Expert:  Debra replied 2 years ago.

He has no right at all to know anything about her medical situation. That is all confidential information.

Your father may not be able to block occasional visits in if he is acting with authority. The court may still grant your uncle visits with his sister.

No this is not federal law it is provincial law but all the provinces have similar laws with respect to this issue.

Customer: replied 2 years ago.
Their request was to visit my mother and not have us present but have a 3rd neutral party. Can this happen? Also, I forgot to mention that back when this started my mother didn't want to see her brother. If my mother doesn't want, does this change anything?
Expert:  Debra replied 2 years ago.

If your mother is competent then she makes decisions about all of this. It is only if she's not competent that the court would be involved or your father would have any say. The court may let her have access with her brother with a third-party present.