Can I get the cops to get my sister out of the place she lives so I can take care of her?
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Can I get the cops to get my sister out of the place she lives so I can take care of her?
I have dual medical power of attorney over my disabled sister. She doesn’t live with me, every time I go to where she lives to check on her the lady that stays there won’t let me in to check on my sister will the cops allow me to get my sister out of that residence so that I can take her to get proper medical care and I can keep her with me since I’m responsible for her medical care
Asked on August 10, 2017 under Estate Planning, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
As long as she is mentally competent, she can make her own decisions, even if they are bad ones. She is considered competent until she is formally found to not be competent.If she is determined to be incompetent by a court and a legal guardian appointed for her, the guardian can then make medical, living arrangements, financial, etc. decisions for her. A POA is not the same thing as being a legal guardian: a POA gives you certain authority to act *for* her, but not to override her wishes. You would therefore need a court to declare her incompetent and appoint you her guardian. To explore this option, consult with an attorney with experience working with the disabled.
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