They are trying to say my that my younger sister, whom is in primary critical care at the hospital, did not sign and notarized a letter giving my older sister medical and financial POA. I know she did yet the APS agent kept saying that the document was fraudulent even though she does not know all the facts. She has already made her mind up. What can I do? My nephew and sister's husband (whom had filed for divorce 2 years ago yet not divorced) are not respecting my sister's wishes and are only worried about money. We only care about my sister's well being. What can I do about the agent and to help my sister?
It is time to see a Lawyer and take that as final advice. I am sorry. Often when legal documents are not done, and updated correctly, there is no help under the law. Wishing you the very best.
A lawyer is not required to make a POA, but it does need to be notarized, so the notary is who you need to contact.
Is this preventing you from making decisions for your sister?
You wrote "they", so I assume there's more than one agent involved?
I don't know all the details, but I would also consider contacting APS and going higher up the ladder, advising that the agent in question is not behaving professionally and is making unfounded allegations. Ask for a different agent, or at least establish that the agent in question is unsatisfactory and won't be allowed access to anyone in your family.
I honestly don't know if that's been done, but it's what I would do. And I'd also do some quick research to determine what action can be taken against the agent, especially if she's interfering with critical decisions for your sister's care.
Your clearest avenue now, from what I can make out below with other responders filling us in on the situation, would be to see an Elder Law Attorney with all your facts. At least at the end of that rather expensive hour you would understand exactly what you have, whether it is or is not legal and what to do now. I have no idea your sister's condition, nor her capability now to appoint a new POA. If she is able then a Lawyer may attend her in hospital or wherever she is a draw up a POA appointing the person she wishes to act for her. If she is unable to appoint someone it is now too late to have this done, and legally her next of kin will act for her once cleared through social workers and documentation.
I wish you luck. Your Sister's husband is almost certainly in charge here unless you have solid LEGAL documents.
So, what we have is:
The youngest sister of three is in hospital. The question is: who is to act for her and make decisions on her behalf while she cannot?
The oldest sister believes that she has medical and financial power of attorney because the youngest sister wrote a notarized letter stating her wish for this to happen. Dallen, were you present when this was done?
The youngest sister's estranged but not divorced husband disputes this, and has referred the matter to Adult Protective Services. APS investigated and have come to the conclusion that the oldest sister does not have valid powers of attorney. This would mean that the default decision-maker would be the youngest sister's husband, or if he is an adult then possibly her son.
This is clearly a complex and emotional situation, which we might understand better if you shared some of the facts that the APS agent is not aware of. But I don't think you can do better than follow BarbBrooklyn's advice.
Meanwhile, how is your sister?
Who contacted APS? The hospital? Estranged husband?
I would start with the Patient Advocate's office at the Hospital. Explain the situation to them as factually as you can.