How can you voild or go around a power of attorney?

Asked about 1 year ago - Phoenix, AZ

We just found out my aunt (moms sister) is in the hospital in critical condition. We went to visit her she unable to talk or don't move as much. And my mom wanted to know how this happened and her condition but the doctor told us she has to go through POA which is my moms niece but she won't tell us anything. She would say she's gettin better but found out she has bad lungs. And we think there is more to it. So how can we go around POA to find out her condition

Attorney answers (3)

  1. Charles Adam Shultz

    Contributor Level 19

    4

    Lawyers agree

    Answered . THe only way to "go around" the Agent is through a conservatorship/guardianship. The fact that the agent will not share information with you is not a basis for a conservatorship. If you think that niece is making harmful decisions regarding your aunts care, that is a different issue.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  2. Michael A Kirtland

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . Probably answer is you can't. Unless one of two things is present. If the POA was obtained by undue influence or while your aunt was not competent to execute a power of attorney. Both of these are very difficult to prove. The other would be that under HIPAA, if your mother is involved in your aunt's care, she can be provided information even without a written release. However, from what you described it doesn't seem this is the case either. The result is it may be very difficult to obtain information without the assistance of your aunt's daughter.

  3. Kari Dawn Coultis

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . I agree with both of the prior responses that getting around the POA would be difficult. To be successful in obtaining guardianship to override the POA, you will have to prove that the POA isn't adequate and that the current POA has done something wrong.

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