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Will i went to visit my aunt and there were problems again.

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i call the police at...
will i went to visit my aunt and there were problems again. i call the police at the home she in and ask the police to check the paper work and dr. test .. the police said that my aunt is stage 5 and there was a court order who gave robin shae poa. my aunts not happy with this women but now im not allowed to see my aunt the police told me. the reason was that i'm a problem . my aunt ask for help to change her poa and when we want to go out there was not possible so i called the police but he said that robin can keep and anyone she want away from my aunt. is there a way i could see the court order ?
Submitted: 3 months ago.Category: Legal
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Answered in 13 hours by:
3/10/2018
Lawyer: RobertJDFL, Attorney replied 3 months ago
RobertJDFL
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Lawyer: RobertJDFL, Attorney replied 3 months ago

Good evening,

A lot of what the police are telling you doesn't make much sense to me. A standard power of attorney does not authorize the agent to restrict access to a person. Generally, it authorizes the agent to buy and sell property, handle bank transactions, file tax returns, manage government benefits and settle legal claims. It's possible that the POA is being used by the person named to dictate to the home your aunt is in to restrict her vistors, though.

Additionally, a Power of Attorney doesn't require a court order. Any person who is mentally competent can execute a POA naming someone as their "agent" to serve, and so long as they are mentally compentent, may change or revoke the POA at any time. But, this document does not get filed with a court. Your aunt should have the original, and copies may have been given to places like a bank, or the home she is living in, for instance. The executor of the Poa may also give copies of the document and share it with whomever they wishe. From what you describe, your aunt does sound competent and able to make decisions for herself.

Now, if someone had applied to be your aunt's guardian - what California calls a "conservatorship" -that is public record, and the case (if one exists) would be on file with the Clerk of Court in the County where your aunt was living when the case was filed. But a petition for a conservatorship typically comes about only where a person doesn't have a POA and is no longer mentally compentent. For example, a family member has a stroke and can no longer make decisions for themselves, but never executed a POA -the family would have to petition to have someone appoited as their "conservator" to make decisions for them.

I think it's time you speak with a local elder law attorney who can perhaps look into this matter more for you and figure out what is going on and what needs to be done. Your aunt doesn't sound like she is comfortable with this Robin Shea woman and I certainly wouldn't want to think of her being exploited (or worse) by them.

The California Bar Association can help you find a lawyer for a consultaiton. To contact them:

  • *****@******.***
  • In California:(###) ###-####/li>
  • Or if you are out-of-state:(###) ###-####
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Lawyer: RobertJDFL, Attorney replied 3 months ago

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