Can my sister, who is my mother's POA, keep me from seeing my mother?
Question Details:
My mother checked herself into assisted living about 2 months ago. Her health has went down hill. My mother has not been declared incompetent in a court of law but she has been heavily drugged by the facility with my older sister's permission. I objected to this and now my sister will not let me see or even talk to my mother and the facility. The facility will also not let me see her as they say they must follow my sister's orders as she is mom's POA.
Wills, Trusts, Probate Law Answers
If you believe that your Sister is not acting in the best interests of your Mother then most states have a mechanism to allow you to petion the Court to have her removed as the POA and to become her guardian. In New York it is done under the Mental Hygiene Law. Once the paperwork is filed you can ask the Court for permission to have her medical records reviewed (if you believe that she is being drugged unnecessarily) by an outside physician or to have the Court enjoin - stop - the use of the drugs pending a determination. I New York you request a TRO: Temporary Restraining Order. You can also request tat the Nursing Home allow you visitation. Good luck.
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