Sister and I are fighting. Mom lives in Florida. Mom admitted to hospital and is incapacitated. Sister has power of attorney and will not give me the pin code required by hospital to get information about Moms condition. What can I do?
ANSWER BY MARGARET CROSS-BELIVEAU:
A DPA covers only financial decisions. A Designation of Health Care Surrogate covers medical decisions. Did your mother execute a health care proxy to appoint your sister as health care agent? If not, you can file a petition to become your mother’s guardian. Alternatively, was your sister appointed but you believe that your sister is not making the correct health care decisions? You can also file the petition to override the Designation, but this may not be successful. You can hire an attorney who can try to negotiate with your sister. Sometimes, just knowing that an attorney has gotten involved is enough to bring a siblings around. Keep in mind that you will most likely be paying for the attorney out of your own pocket, unless you are successful in being appointed as her fiduciary by the court.
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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate administration attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.