How to challenge a power of attorney?
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How to challenge a power of attorney?
My aunt is POA for my grandmother, who has dementia, and she is trying to keep me and my mom from visiting my grandma. I believe there are things going on she doesn’t want us to know about (like possibly trying to sell my grandmothers home which would killmy grandmother because her home is keeping her alive). What is the best way to challenge her? How can I prove that my grandmothers home is keeping her alive and she needs to stay in it? And, how do I prove that I need to be able to see my grandmother? How can my aunt really keep me away?
Asked on April 26, 2012 under Estate Planning, Maryland
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
First, absent a court order your aunt cannot keep you from seeing your grandnmother even if she has a power of attorney as to the grandmother. If your aunt is refusing to allow your grandmother visitors, your aunt's conduct could be deemed under the laws of your state "elder abuse".
Elder abuse can be physical, financial, verbal or creating isolation for the elder which seems to be what your aunt may be doing. I suggest that you contact social services as to what is going on with your aunt and the power of attorney she was with respect to your grandmother and request that social services come to your grandmother's home for an investigation as to what is going on.
Social services can very well assist you in what you believe is best for your grandmother.
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