Can my mom who has power of attorney over my grandmother keep me from seeing her? My mom and I got into a fight and for over a year she has kept me from calling and seeing my grandmother. She has power of attorney over my grandmother and my grandmother has dementia, but it has not gotten so bad that she is incoherent. She is still very alert and capable of doing for herself. She wants to see me because we have always been close. What can I do to see her? I am a college student and have limited funds and can't afford an attorney.
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A POA can not prevent you from visiting your grandmother unless the POA has specific wording stating so. Is your grandmother living in her home, with your mother or in an assisted living apartment, etc.? If your grandmother lives with your mother, visiting her will always be a problem if your mother continues her position. If she lives in her home or in a facility, you should be able to visit her without your mother's intervention.
Have you discussed your problem with your relatives? You can ask for their help in allowing visits.
Many colleges have attorneys on staff who can help students at little or no cost so you can try to obtain assistance or at least some direction. If this is not possible, you can go to your nearest legal aid office to at least discuss your problem with an attorney or a paralegal.
Good Luck!
If the POA is one formatted as a 'durable' POA, sadly yes your mother CAN keep you from seeing your gran. I somehow doubt your mother will give you a photocopy of the POA so that you can check the wording so the only other option is to challenge this in court.
Fortunately all US states have a thing called Legal Aid and using Legal Aid means you will be able to do a challenge without charge - especially if you also go to the state elderly welfare and abuse authority and say you have very serious concerns about your mother abusing the POA.
Abuse/misuse of elderly POAs has become such a problem both in the US and here in the UK where I now live that all state and federal (in the US) publicly funded groups consider using a POA inappropriately to be an abuse issue.
Don't give up hope, do keep fighting. Use your phone directory or the Internet to find the local elderly issues group and Legal Aid society in your area.
Best of luck to you, please update us!
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