My mom took a bad fall and was in the hospital. I had been legally appointed her Healthcare Proxy. A sibling of mine decided to have her sign documents to remove me while she was a patient on the psychiatric unit. She has Dementia. When she was released, she was placed into an assisted living facility. My sibling has always hated me, and has told the facility that I, nor my 2 daughters who are my mother's blood granddaughters are not allowed to go visit or call or make any contact. Other than his hatred towards me (for no reason except he is mean and and an alcoholic), my mother loves us three girls. We are all being controlled, including my mother. Is there any legal recourse we have through the courts? My daughters and myself are suffering terribly as we were always close to my mother. Any advise is appreciated.
If your mother was diagnosed with dementia at the time she signed these new POA documents, there are questions as to their legality here. I also cannot imagine an attorney attending to have this done in a psychiatric unit. This scenario is so unlikely that quite honestly I doubt there are any POA papers.
These may be forged documents.
I would consult an attorney and I would use the POA you have, taking it in. The attorney can find out if there is another legally done POA extant by petitioning the court. I would first inform the brother, your sibling, that this is your intention.
An elder law attorney can do this. As you can imagine we do not know you, your brother, your mother nor her condition. This all seems quite odd, if not illegal given only what you have told us.
Good luck. You may first want to check in with Adult Protective Society with your questions. They may be able to get this done free of charge with calls to a County judge. Hope you'll update us.
And you should have received a notice to appear in court for a Guardianship hearing.
If I were you I would consult an attorney. None of this sounds like it was carried out in a legal manner.
That said I am getting but 1 side of the story.