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My mother, who is over 100 and is of sound mind, lives with…

Customer Question
My mother, who is...

My mother, who is over 100 and is of sound mind, lives with my youngest sister. My mother does not have use of her hands and cannot answer the telephone. My sister has directed the home health nurse and my younger Down syndrome brother to not answer the telephone. Additionally, I must let my sister know when I will be visiting. When I finally visit and my sister is there, my mother cannot be awaken. When I visit during holidays and other family members are present, my mother is very alert. What can legally I do to spend time with my mother? My mother does want to see me.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Rock Hill, SC

Lawyer's Assistant: Has anything been filed or reported?

My sister has power of attorney. Someone filed a report with DSS several years ago. I believe it was the agency who provides the home health aid. She was directed to have someone with my mother 24 hours. The case was then closed. I did talk with DSS at the time who had been convinced that several of the siblings including me would not help with my mother. Not true. I have offered to help even though I lived out of town. But my sister refused my help.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Only that I retired a couple of days ago and had planned to visit and take food as my mother has requested. When I visited my mother I stay and cook another sister’s home.

Submitted: 3 months ago.Category: Legal
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Answered in 5 minutes by:
12/23/2017
Lawyer: Barrister, Attorney replied 3 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,064
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Has sister actually been appointed as the legal guardian for mother?

.

Does she have a medical power of attorney for mother's care?

.

.

thanks

Barrister

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Customer reply replied 3 months ago
When I last researched documents, My sister appears to have medical power of attorney
Lawyer: Barrister, Attorney replied 3 months ago

Ok, then she would have the power to make decisions regarding mother's medical care and since she lives with mother, she can effectively prevent you from coming over without permission by simply not responding to you.

.

The only way you can essentially force her to give you more time is to actually file a legal guardianship action and ask to be appointed as her legal guardian... Then you settle the case by having the judge actually order some type of "adult visitation" where you would have certain fixed rights to see mother more frequently.

.

.

thanks

Barrister

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Customer reply replied 3 months ago
Will a judge give adult visitation without my filing for legal guardianship?
Lawyer: Barrister, Attorney replied 3 months ago

Probably not because there is no legal case in front of the judge... There has to be some legal question raised about competency in order to force the issue and get it in front of a judge so he can actually make a decision.

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Lawyer: Barrister, Attorney replied 3 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Barrister
Barrister
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Category: Legal
Satisfied Customers: 41,064
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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