Can a medical POA prevent a child from getting health information abouttheir father?

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Can a medical POA prevent a child from getting health information abouttheir father?

My sister has a medical power of attorney to make decisions for my father when he is no longer able to do so. As of now, he is coherent and is able to make these decisions. He was told by her that he should no longer call me and has put me on a so-called black list at the living facility. Because we had a falling out which is not involving my father, I don’t feel that I should not be allowed to be a part of my father’s well being. Please help me to understand my rights. The workers have indicated that my sister has made a list of whom they may speak to and I am not on it.

Asked on April 19, 2011 under Estate Planning, New Jersey

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since  your sister has a medical power of attorney,  you need to find out if the poa is currently active or kicks in only when he can longer care for himself or when he is no longer of sound mind or competent.  If you wish to solve this issue and speak and see your father and be involved in his medical care, consider hiring counsel to contest the power of attorney as indue influence byour siibling on your father. You can also petition the court regarding undue influence on his estate planning documents including medical directives. Consider hiring counsel to meet and speak with the facility director regarding the black list, as well. Just make sure to protect yourself.


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