Can I find out who has general and health POA for my mother or is it privileged? I have been informed by my mother's attorney that I do not have the right to know who my mother has appointed as her general and health power of attorney inclusive of the date of assignment. My mother has advanced dementia. I was told that I had to get my mother's approval and the approval of the person(s) who has been given her POA. Apparently there are privacy laws prohibiting disclosure to those not authorized which I find illogical, but, then again, laws don't have to be based upon logic or what a reasonable person might interpret.
Please be as sure as possible of the facts and confirm supsicions as best you can before starting a major proceeding though. It is not always out of line to use a skilled nursing faciilty for care, nor to decide about use of funds for care and caregiver supports. There have been cases of serious financial abuse by POAs, fraudulently obtained or not, and cases of unjustified complaints by non-caregivers about how the caregiver is seeing fit to handle things. sometimes based on wishful thinking that a loved one would be well if only the care was better, or that the loved one does not need to have money spent on care that is being spent by the person who is really closest to the stiuation.
Now if somone forged your signature on a POA document, that's beyond "interesting." You need to see that document, for sure!
If you haven't agreed to accept DPOA for your sister, you can decline. You can't be obliged to take this responsibility.
Who told you about it?
FF is right; we never filed any DPOAs anywhere. It is required in Michigan and to me it's far too personal document to record or file if not mandatory.
If your Mother doesn't mind, maybe she will allow you to go through her paperwork to see if you can find any legal documents. Some folks keep neat records which makes it easy.... others just toss documents into a drawer... some hide the documents under some socks in a dresser. It can become a scavenger hunt.
Does Mom have a safe deposit box at a bank? I don't know if the bank will tell you if you were listed as a co-signer [you would have had to sign a bank card] or someone else is co-signer.
By the way, not everyone files a Will or Power of Attorney with the County Court House. I never did. Nor was it recommended by my Elder Law attorney.
Take care,
Carol