Carpentersville, IL asked in Elder Law for Wisconsin

Q: I am POA for my mother. Can I prevent my sister from visiting my mom

My sister is irrational and wants to take care of my mom herself and now she went to the memory care and call the cops and they let her in and told me she can visit regardless and even take her out of there even though my mom is incapacitated

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1 Lawyer Answer
Thomas B. Burton
Thomas B. Burton
  • Elder Law Lawyer
  • Eau Claire, WI
  • Licensed in Wisconsin

A: The answer to this question may depend on whether you are the Agent for your Mom under a Financial Power of Attorney or the the Agent under a Health Care Power of Attorney document. The Health Care Power of Attorney document is designed to designate an agent to take care of someone's physical and health care needs if they are ever incapacitated or unable to act. The Financial Power of Attorney documents is designed to give the Agent authority to act in regards to the principal's financial affairs and assets in the event they are incapacitated or unable to act. So if you are the Agent under the Health Care Power of Attorney document you likely have the authority to act for your Mom in terms of her memory care, long term car, and other health care decisions if she is indeed incapacitated. If your Mom is not incapacitated then she would retain the power to make these decisions herself. In terms of preventing your sister from visiting your mother, this is something you would have to discuss with the memory care facility first and/or possibly get a restraining order on your sister from the Judge in order to prevent her from visiting. I would examine the terms of the document carefully with a qualified estate planning attorney who can tell you what your duties and rights are in this situation as compared to your sister.

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