Does my sister have the right to refuse a private visit with my mom? My mom lives with my sister and requires constant care. My sister is presently in a court battle regarding my father's estate against his present wife. She has cut me out of the will and declared herself POA. She says she is afraid of me and therefore must be at the visits with my mother. What are my legal rights to having a private visit with my mom in my sister's home?
Your sister cannot declare herself POA. Your mother had to assign the POA to her, and then only if she was competent. A POA doesn't have control over the person except in the special circumstance when the person is legally incompetent. A POA can't deny you permission to see your mother if your mother is competent. Only your mother could decide that. Please let us know more about your mother.
You don't have a legal right to visit anyone, anywhere. It's up to your sister who she allows into her house, and it's up to your mother who she wants to see. Is there any reason why you can't ask your mother out for lunch or something to have a private visit with her? Is your mother housebound or bedbound?
I would try to get your mom away from the house for a visit to get away from your sister's listening ears so she will feel free to speak to you candidly about whatever is going on.
The point is, your mother has a right to see her children, and a right to privacy. If she wants to talk to you privately, she has a right to do that; and if your sister has genuine concerns that it would not be in her best interests - for example, because she has grounds to believe that you might exert undue influence on your mother, frighten her, alienate her from her primary caregiver, upset her, confuse her, blackmail her or demand money from her - then she can take that to court and get an injunction.
Is your mother of sound mind?