QUESTION

Can a bully sibling who is POA for my mother who’s had a massive stroke keep me from staying with her like I do every summer all my life?

Asked on May 18th, 2021 on Elder Law - Connecticut
More details to this question:
My ma had a massive stroke in Jan 2019 while visiting me in Fl. I lived with her for months in rehabs in fl and then CT. Last year my younger brother brought to her a lawyer and she signed a second POA. My eldest brother was designated poa in her will. But he lives in Florida My youngest brother is abusing his powers of POA in my opinion. Blocking my cell phone this winter for weeks but then he unblocked it. Telling caregiver not to answer the house phone when I called. Now he is saying I can’t live with her this summer at her cottage in clinton CT like I have all my life. Last summer they called the police on me and threw me out of cottage. My mother- even though has great difficulty speaking- is well aware of what’s happening and wants me to live with her and her full time live in caregiver this summer. What rights do I have? My mother owns the cottage. The brothers say I don’t treat the caregivers well but I’ve done so well with them over the years except for the present one.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
A Will might designate an executor to administer the estate but it cannot designate an agent under a power of attorney.  Both a medical and a durable [financial] power of attorney expire with the person who grants them.  You do not have rights in this situation but your mother does.  If you fear your brother is isolating her, report this to Adult Protective Services.  You may also want to talk with an elder lawyer.  You can find one near your mother on the website of the National Academy of Elder Law Attorneys (www.naela.org).  
Answered on May 19th, 2021 at 9:12 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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