New York, NY asked in Elder Law for North Carolina

Q: Can a sibling block me from getting mom's health info from nursing home in NC? No POA or Guardianship.

My mom has dementia and is in a nursing home in NC. The home will not disclose any information to me because my brother didn't list me as family. He does not have guardianship nor does he have power of attorney. The nursing home says since he registered her, he makes the decision.

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1 Lawyer Answer
Amanda Bowden Johnson
Amanda Bowden Johnson
  • Jacksonville, NC
  • Licensed in North Carolina

A: Obviously he can since he is apparently doing it - the real question is whether it is legal and what can you do about it?

The answer to that is while it is a crappy thing to do, it is likely legal unless some sort of fraud is being committed. However you can likely petition the court to appoint you as a guardian and / or compel your brother to keep you in the loop at least.

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