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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
