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What can i do to get a second opinion for my mother if i do not have medical power of attorney for her?
Anonymous2 views2 answers
My mother is dying in a rest home and she wanted to die at home. My older sister has power of attorney over her and she is not willing to get a second opinion. Is there anything I can do to get her immediate help?
I am sorry for the issue. If she is not in the condition to be able to make decisions or appoint a new agent, only the court can make a decision to appoint a new agent or interpret the agent's rights under the current power of attorney.
Please see a local probate attorney as soon as possible.
First, I am very sorry to hear about your situation - losing a parent while having a disagreement with a sibling is unbelievably difficult. Unfortunately, it is a situation we see all too often. While there is not much that can be done if your sister has a valid medical power of attorney, you may want to talk with an experienced probate attorney soon to discuss this and other potential issues that could arise. Presumably, your sister has a durable power of attorney that has given her control over your mother's financial affairs as well. Sometimes, siblings with power-of-attorney authority take inappropriate steps with financial affairs and medical affairs. It sounds as if your sister is not following through on your mother's wishes in terms of medical care, so you may want to take appropriate steps to see if the finances are in order and being carried out according to your mother's wishes. Also, a probate attorney will be able to review the powers of attorney and the powers that your sister has, and may be able to give you additional guidance on seeking a second opinion regarding your mother's health and prognosis.
Again, this entire process is difficult, but if you feel that you are going to need to speak with an attorney, the worst thing you can do is delay that first contact. Most attorneys will offer at least some free consultation time, and if they can assist you they will, and if not, they will tend to refer you to someone who can. Good luck going forward. -Jay Mills