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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118743
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My mother has been very ill. My sister has the medical poa

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My mother has been very ill. My sister has the medical poa and has been making the medical decisions for her. I did everything I could to influence the decisions made, as my two sisters wanted to "humanely end her life" by withholding treatment (ventilator, antibiotics and a feeding tube). I ultimately prevailed and my mother was saved. However, she has severe delirium and the doctors think it will take many months for her to recover. Now my siblings are not speaking to me and I am only able to get brief updates on her condition from the skilled nursing facility where she is now. I am in California, and my mother is in Alabama. My sisters are in Virginia (poa) and Delaware (oldest sibling who is a nurse practitioner and who is actually the one making the decisions for the poa). My sisters are planning to move my mother to another facility -but I don't know where. Do they have any legal responsibility to disclose their plans for my mother? I have been flying back and forth to Alabama (4 times in the last two months). It is an expense that I cannot afford--but I gladly pay for a chance to help my mother recover. I am trying to buy a ticket now-but I don't know where my mother will be in the next two weeks. The hospital says that my sisters are discussing where to send her--but cannot give me any more information. Is there anything (legally) I can do to find out ? My sisters do not answer phone calls, emails or texts.Thank you for your time
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Legally, the person with the PoA has the sole right to make decisions for your mother until someone goes to court and obtains a court ordered guardianship over your mother, which would then override the PoA. I am afraid that your sisters do not have to tell you where they are moving her by any law and the sister with the PoA has all of the legal rights at this time.

If you want some power, then you would need an attorney in Alabama right now and you need to get them to file a petition for guardianship in Alabama courts and ask the court to name you guardian or even name all three sisters co-guardian (in which event the majority would rule on all decisions involving your mom, but you would still be entitled to information about her condition and where she is located). Absent the guardianship or co-guardianship order from the court I am sorry to say the person with the PoA can make the determination and does not have to tell you or even consult you and I know that you do not want that, so going to court and getting guardianship is your real answer here.

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Customer: replied 4 years ago.

Wow. Thank you. I will pay you for your valuable advice and rate the advice as excellent, of course.

I don't know why a court would grant me guardianship-what grounds could I use? She is receiving all proper medical care now--it's just that my sisters are so upset at having been "crossed" (and I'm certain that many unpleasant things were said by all of us during my mother's critical illness) that they are withholding all information.

What sort of grounds could I possibly assert that a court might consider?

Thank you for your response.

The reason you can seek guardianship is because as you said your mom is not competent to care for her own affairs and you do not see your sisters making decisions for your mom's best interests and they are also excluding you from any information and you do not know if they are depleting her assets or what they are doing with her estate.

Everything you are claiming they are doing are grounds for the guardianship.
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