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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 33546
Experience:  30 years experience representing clients.
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I am the alternate healthcare proxy for my elderly mother

Customer Question

I am the alternate healthcare proxy for my elderly mother who now suffers from Alzheimer's. My sister is #1 proxy. At the time of signing this 7 years ago I thought we were equal informees of our mothers medical situations. I now realize that is not the case and hippa laws now prevent me from gaining any access. My sister and myself do not get along and she only gives me basic information. Is there any way I can override her "power" and gain access to what is happening on a regular basis without going through my sister?
Submitted: 11 months ago.
Category: Legal
Expert:  Loren replied 11 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Customer: replied 11 months ago.
Reply to what?
Expert:  Loren replied 11 months ago.

The way to override your sister's appointment as proxy is to file in the probate court to be appointed your mother's guardian based upon her dementia. You would file a petition, serve your relatives and present evidence as to why your mother's medical conditions deem her legally incompetent, in need of a guardian to manage her affairs, and why you are in the best position to be that guardian.

This is something for which you should retain an attorney to represent you.

Expert:  Loren replied 11 months ago.

If you are successful then you will receive an appointment from the court as your mother's guardian and that appointment will trump your sister's proxy.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Expert:  Loren replied 11 months ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 11 months ago.

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