If my sister got a POA the day before mom was diagnosed with Alzeheimers, do the other siblings have any rights?
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If my sister got a POA the day before mom was diagnosed with Alzeheimers, do the other siblings have any rights?
There are 3 children – sister, brother, and myself. My brother is currently in prison. My sister who has the POA lives with my mother but will be moving January. The POA was signed the day before my mom went to the doctor to receive confirmation if she had Alzheimer’s. She took me off the on-line bank access that my mother allowed me to have. She gave me visiting hours that I don’t feel are fair. I’m asking questions regarding my mom’s care and she won’t answer me. We don’t agree on finances/medical. What rights do we have or what legal action should I take?
Asked on October 25, 2010 under Estate Planning, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I am sorry for you situation. If your Mother was not competent to sign the power of attorney then you can make an application to the court to have it made void (revoked is the proper term). What you need to do is to go to court to be appointed as your Mother's guardian or conservator. At that point in time you can make sure that the POA is revoked (which it will be by law most likely). Once that is done you will be able to take control of the situation and make sure that your Mother is cared for both physically and financially. But be prepared for a battle from your sister as it seems that she wants to control everything. Get help from an attorney in your area. Good luck.
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