If my sister is my elderly mother’s POA, are others siblings entitled to make decisions forher care needs?

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If my sister is my elderly mother’s POA, are others siblings entitled to make decisions forher care needs?

My sister only allows things to be done for my mother that in her opinion should be done. I wanted to get my mother a free cell phone as a back-up because she still lives on her own. My sister would not give it to me because she didn’t think it would work. My mother was visiting her and she would not let me talk to her or my daughter who sits with my mother.

Asked on December 20, 2011 under Estate Planning, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) Only someone with a POA or appointed as a person's legal guardian can make decisions for him or her...being a child does not, by itself, empower you to make those decisions.

2) Someone with a POA has to exercise it in the best interests of the person who granted the power. If you believe that your sister is harming your mother's interests--not merely making different decisions than you would like--speak with an attorney specializing in elder or health care law about whether it may be  possible to overturn the POA and have someone else appointed as guardian.


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