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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117368
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I was wondering if it is legal that a caregiver/POA can

Customer Question

Hello, I was wondering if it is legal that a caregiver/POA can isolate an elderly parent from her other children? I have yet to hear or see from my grandmother in 3 months and my aunt is restricting access to her. My aunt decided to do a DV against my mother, but the charges were dismissed. My aunt just started helping my grandmother until last year and my mother was the primary caregiver despite my aunt being the POA. My aunt took my grandmother without telling us and moved her in my aunt's house.
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: North Carolina. The only paperwork is the POA that was done 10 years ago by my grandmother. However, my aunt has lashed against my mother because of the care of my grandmother and over the paintings my grandfather painted.
JA: Have you talked to a lawyer yet?
Customer: No, we have not except for the DV case in August that was dismissed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I also want the lawyer know that my mom and aunt are the executors of my grandmother's estate.
Submitted: 10 months ago.
Category: Family Law
Customer: replied 10 months ago.
When I visited my aunt today, she told me to call her and I can come later when I was already on the premises. I am afraid to call her because she has a bad habit of not answering the phone and recording conversations.
Customer: replied 10 months ago.
It is true that my grandma has dementia, but it is manageable with medication. From my knowledge, it has not been determined if the POA goes into effect because my grandma has yet to be determined incompetent to handle her own decisions.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, legally the caregiver PoA can make ALL decisions for her that she could have normally made herself if she did not have dementia. So, that means legally if the PoA has taken control over her affairs because of the dementia she can restrict visitation. If you do not like what she is doing and want to challenge it, then legally it requires you to have an attorney and file in the court to terminate the POA and ask for the court to grant you a PoA or guardianship, since you do not believe this PoA is acting in the best interests of your grandmother. The court is not generally going to just remove the PoA unless you get a doctor to testify your grandmother does not need one.

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