QUESTION

My aunt is my mothers poa and had taken all of her money and put my mother into a nursing home. She took her to the doctor and lost her prescription o

Asked on Apr 16th, 2021 on Guardianship and Conservatorship - California
More details to this question:
On the way back from the doctor to the nursing home. Now she won't let me call my mother on the phone. What can I do? I want my mothers finances accounted for and for my aunt to not be in charge of her health care.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
A local elder law attorney can help you bring suit against your aunt for conversion (converting your mother's property to her own) and violation of her fiduciary duty (her duty to put your mother's interests first) as agent under a Durable Power of Attorney.  But please note that this may not be what happened.  Your aunt may simply have paid the nursing home. In any event, a elder law attorney can contact the nursing home to remind them that absent a history of abuse or exploitation, neither an agent under a Medical Power of Attorney nor a conservator can limit your mother's right to see you and receive calls and mail from you.  The right resides with your mother wherever she lives. You can find an elder law attorney near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys.    
Answered on Apr 17th, 2021 at 5:26 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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