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Scope of Medical Power of Attorney

My grandmother has POA over my sister. She is withholding medical information from us and going as far as not letting us see her. As her POA can she keep me from seeing my sister?

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March 15, 20170 found this helpful

It depends on how the agreement was drawn up. Your sister may have specified that she wanted to keep the medical information only available to your grandmother. If she is too sick to have visitors, your grandmother may have the right to limit them as well.

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March 15, 20170 found this helpful

If she has legal POA, legally she is NOT to discuss her medical information as it is a HIPAA violation. You would have to get a court order to either recind hers or to be included on the info. I deal with this issue daily in my job. If she has full POA, then all decisions regarding your sister are her decision. Does she have full POA or just medical POA? The POA will state what she is over. In some states, you can contact the court to see what type of POA she has. Start with that-she what she has.

Also, is your sister a minor or adult? That also comes into play. Is she competent or incompetent? You may be able to fight for the right to get visitation.

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March 16, 20170 found this helpful

There must be a reason your sister gave medical POA to your grandmother and she may be doing exactly as your sister stated/desired (also what is legal unless your sister stated to release it) as far as releasing medical information.

Keeping you from seeing your sister is not something that would usually be stated on a medical POA but it still may be what your sister has requested.

Since we do not know the type of illness your sister has nor any of the circumstances leading up to this family matter it is difficult to really offer a solution. Are you sure the reason your grandmother is refusing visitation is not due to your sister's request? Is it possible for you to talk to your sister on the telephone or does her condition prevent this?

If this continues and you feel your sister would like to see you, then you will probably need to see an attorney to get a court order. You may be able to contact family social services in your area and discuss this with them. They may at least have someone make a visit to see that your sister is being properly cared for and may also try to find out why your grandmother is doing this.

I feel sure there are reasons your grandmother is doing this; whether the reasons are justified or fair is something only the family can decide and handle.

Your sister's well-being should be your primary concern and you can get help with this even if you have to ask for assistance through your local police department as they can also send someone to check on your sister. Family matters like this can get ugly - quickly.

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