[2cpotz]

I reside in New York State. A few years ago my mom and dad had a living will trust made. My two sisters and I each were put into the will as having the power of attorney. Since the will was made my dad past and mom was diagnosed with Alzheimer's. My two sisters and mom went to the attorney who made the living will and he advised mom that it would be best if she only had one power of attorney. I received a letter stating I no longer had power of attorney. I never signed any papers which to me I should have since I had to sign the original document. My sisters have now put mom into an Assistant Living dwelling. I was refused by the home to take mom out as my sister gave them instructions that I was not allowed to take mom out for lunch or to even walk around the premises. Is this legal? What can I do to change this? I am desperate for an answer as I feel I am hitting a brick wall and hitting all dead ends.

[Cedarln2265]

If your mother was diagnosed with Alzheimer's after making the power of attorney, then your sister's do have power of attorney for her. It would be questionable if the PA was done after she was diagnosed and the length of time after the diagnosis. If your Dad set up a trust and the will was probated then you still have an insterest in his estate. A living will and power of attorney are only while the person is alive. A legal will handles the estate of the deceased.
To contest the PA of your sisters regarding your mother means going to court with proof that she was diagnosed prior to the signing. I'd file a complaint with the License Board of your state on the attorney who should have known full well that she was incapcitated and the matter needed to go to court or at least have all people with interest in the matter present and their input.
To deny you access to your mother, your sisters would have to prove that you would harm her.
It is a tragedy that occurs in way to many families when parents age. If they had known of the animosity that would result, they would have taken better care to avoid it.

[JudyKayTee]

If your mother was diagnosed with Alzheimer's after making the power of attorney, then your sister's do have power of attorney for her. It would be questionable if the PA was done after she was diagnosed and the length of time after the diagnosis. If your Dad set up a trust and the will was probated then you still have an insterest in his estate. A living will and power of attorney are only while the person is alive. A legal will handles the estate of the deceased.
To contest the PA of your sisters regarding your mother means going to court with proof that she was diagnosed prior to the signing. I'd file a complaint with the License Board of your state on the attorney who should have known full well that she was incapcitated and the matter needed to go to court or at least have all people with interest in the matter present and their input.
To deny you access to your mother, your sisters would have to prove that you would harm her.
It is a tragedy that occurs in way to many families when parents age. If they had known of the animosity that would result, they would have taken better care to avoid it.

I see absolutely no point in reporting the Attorney. There are various stages of Alzheimers and it is entirely possible that your mother seemed able to sign (and may well have been able to sign) a new P/A naming only your sister. The matter did not "need" to go to Court at the time of the new P/A unless the Attorney refused to participate in the change and it could not be accomplished in any other way.

If you want to change things go to Court NOW, requesting visitation with your mother as well as a review of what your sister has done using the P/A. If you can prove your allegations that your mother was unable to legally sign due to Alzheimers at the time she changed the first P/A, then bring that proof.

If you do not have that proof, as I said, simply go to Court and request visitation, permission to take your mother to lunch, whatever else you feel is appropriate under the circumstances. Then your sister would have to prove you are a danger to her - or present whatever "proof" on which she is basing her refusal to allow you to take your mother out of the faciity.

If you object to your mother being placed in assisted living, then you would also request that she live with you or somewhere else where she will receive appropriate/necessary/sufficient care.