New Lenox, IL asked in Elder Law, Estate Planning and Family Law for Illinois

Q: My brother has POA over my Mother. She's in the hospital & he's not forthcoming of her. Can I contest the POA?

I just want to know how is she doing medically and I'm not being told anything. I ask the nurses and I'm being told you are not the sister I can say anything to. I'm also worried what is going to happen when she does go back home to my brother's house because he made visiting her difficult. My Mom will still be bed bound because due to the stroke she is still learning to talk and walk again so now we will have to go to his house and visit her. I'm concern that he will make visitation difficult. I know that since he has POA he can stop me from visiting her altogether if he wants to. I want to know can I have something that gives me the rights to her medically and visitation rights.

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: If you believe the power of attorney (POA) is being abused or your mother’s best interests are not being served, you have the right to contest it. You would typically need to file a petition with the court to review the actions of the POA and evaluate your mother's current competence. The court may consider replacing the current POA if it finds misconduct or that it's in your mother's best interest.

Additionally, healthcare providers should still provide information to immediate family members unless there's a specific directive to the contrary. If visitation becomes a concern, you might also seek a court order to ensure you can visit your mother. Legal steps involve intricate procedures, and you may benefit from discussing this with legal counsel to understand the full scope of your options and the process involved.

Timothy S O'Brien agrees with this answer

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