Tillamook, OR asked in Elder Law and Family Law for Oregon

Q: My brother has POA he told the care facility to tell me I can’t see mom & they report to him anyone who comes or calls .

What can I do ? It’s 4hrs rnd trip & they say she’s sleeping he does not want her rest interrupted . She’s almost 90 blind on oxygen all she does is sleep. He won’t call me if she passes either

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1 Lawyer Answer

A: In general a Power of Attorney allows the Agent (your brother) to make financial decisions for the Principal (your mother). It does not allow the Agent to decide who can and cannot visit the Principal. I would speak to the manager of the care facility directly. If you are not allowed to visit your mother I recommend you call Adult Protective Services in the county in which your mother lives. Worst case scenario it is possible to file for a guardianship over your mother (assuming she is incapacitated according to the legal definition), however, this is a very extreme result and could alienate your from your family and cost a significant amount of money. I wish you the best.

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