durable power of attorney

[ladysundance57]

My mother is a nursing home after suffering a mini stroke/ she signed supposedly a dpoa to my brother. He now is enforcing a time limit on how long I can take her out for an outing. He has threatened to court/order no visitation if I take her out longer. She enjoys our outings(shopping and sight-seeing) I am not allowed to see her medical records or will they tell me what the doctor reports say. Does he have this much power to do this or do I have any recourse. Thanks for any advice I can get in Kansas!

 

[I AM ALWAYS LIABLE]

My mother is a nursing home after suffering a mini stroke/ she signed supposedly a dpoa to my brother. He now is enforcing a time limit on how long I can take her out for an outing. He has threatened to court/order no visitation if I take her out longer. She enjoys our outings(shopping and sight-seeing) I am not allowed to see her medical records or will they tell me what the doctor reports say. Does he have this much power to do this or do I have any recourse. Thanks for any advice I can get in Kansas!

My response:

Your brother is kinda stupid, isn't he ?

A durable power of attorney allows him to make financial, housing and medical decisions for your Mom. Not whether you can, or cannot, visit your Mom, or to restrict how much time you spend with her. Have you read the entire DPOA ? Do you have a copy of it ? If so, please write it out completely in your response to this post.

If he wants that kind of control, then he needs a "Conservatorship" of your Mom.

Tell him to drop dead, and to sue you if he wants. Tell him you're going to spend as much time with Mom as you and she likes.

As a matter of fact, file a Petition for Conservatorship yourself, and kick his ass to the curb.

IAAL

[Edited by I AM ALWAYS LIABLE on 01-16-2001 at 12:15 AM]

 

[ladysundance57]

Can't get copies of dpoa

I have reqested copies of dpoa and have been ignored. Don't know if guardianship or conservator has been filed. Every time I ask questions(brother) I am told "none of your business". Do I get my own attorney? I have asked the attorney that drew up the dpoa for copies and no reply. I really wanted copies of the papers that have been filed so I would know where to begin. I was told by the nursing home that i couldn't view mom's file without my brother's consent. My mother was standing there and they denied her too. I know it's not right but I can't find a attorney that wants to do anything because I have no copies.

 

[I AM ALWAYS LIABLE]

Re: Can't get copies of dpoa

I have reqested copies of dpoa and have been ignored. Don't know if guardianship or conservator has been filed. Every time I ask questions(brother) I am told "none of your business". Do I get my own attorney? I have asked the attorney that drew up the dpoa for copies and no reply. I really wanted copies of the papers that have been filed so I would know where to begin. I was told by the nursing home that i couldn't view mom's file without my brother's consent. My mother was standing there and they denied her too. I know it's not right but I can't find a attorney that wants to do anything because I have no copies.

My response:

Okay, forget about the DPOA and forget about your Mom's nursing home file. Now, it's time to get proactive about this.

Go to the courthouse and ask the Clerk if there was a Conservatorship case filed in the name of your Mother, entitled "In Re: the Matter of the Conservatorship of (Mother's Name)". If not, it's time to see an attorney about filing such an action on your own.

If your brother did file an action for Conservatorship, then file your own Petition objecting to it, and asking for a modification of the prior Court orders.

Good luck to you.

IAAL